[Federal Register Volume 70, Number 215 (Tuesday, November 8, 2005)]
[Notices]
[Pages 67662-67665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22241]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-502, A-583-008, A-549-502, A-489-501, A-351-809, A-201-805, A-
580-809, A-583-814)


Certain Circular Welded Carbon Steel Pipes and Tubes from India, 
Taiwan, Thailand, and Turkey, and Circular Welded Non-Alloy Steel Pipe 
from Brazil, Republic of Korea, Mexico, and Taiwan; Notice of Final 
Results of Expedited Five-Year (``Sunset'') Reviews of Antidumping Duty 
Orders

AGENCY: Import Administration, International Trade Administration, 
Department Commerce.
SUMMARY: On July 1, 2005, the Department of Commerce (``the 
Department'') initiated the second sunset reviews of the antidumping 
duty orders on certain circular welded carbon steel pipes and tubes 
from India, Taiwan, Thailand, and Turkey, and circular welded non-alloy 
steel pipe from Brazil, Republic of Korea (``Korea''), Mexico, and 
Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). On the basis of a notice of intent to 
participate and adequate substantive responses filed on behalf of the 
domestic interested parties and inadequate response from respondent 
interested parties, the Department has conducted expedited sunset 
reviews of these antidumping duty orders. As a result of these sunset 
reviews, the Department finds that revocation of the antidumping duty 
orders would likely lead to continuation or recurrence of dumping at 
the level indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: November 8, 2005.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, Antidumping/
Countervailing Duty Operations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC, 20230; telephone:(202) 482-
1391.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to section 736 of the Tariff Act of 1930, as amended (the 
Act), the Department published in the Federal Register the antidumping 
duty orders on Certain Circular Welded Carbon Steel Pipes and Tubes 
from India, Taiwan, Thailand, Turkey, and Circular Welded Non-Alloy 
Steel Pipe from Brazil, Korea, Mexico, and Taiwan. See Antidumping Duty 
Order; Certain

[[Page 67663]]

Welded Carbon Steel Standard Pipes and Tubes from India; 51 FR 17384 
(May 12, 1986), Certain Circular Carbon Welded Pipes and Tubes from 
Taiwan; Antidumping Duty Order, 49 FR 19369 (May 7, 1984), Antidumping 
Duty Order; Circular Welded Carbon Steel Pipes and Tubes from Thailand; 
51 FR 8341 (March 11, 1986), Antidumping Duty Order; Welded Carbon 
Steel Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 
1986), Antidumping Duty Orders; Certain Welded Non Alloy Steel Pipe 
from Brazil, Korea, and Mexico and Amendment to Final Determination of 
Sales at Less than Fair Value; Certain Circular Welded Non Alloy Steel 
Pipe from Korea, 57 FR 49453 (November 2, 1992); Antidumping Duty 
Order: Circular Welded Non Alloy Steel Pipe from Taiwan, 57 FR 49454 
(November 2, 1992).
    Pursuant to section 751(c) of the Act, on August 22, 2000, the 
Department published the continuation notice of the antidumping duty 
orders on Certain Circular Welded Carbon Steel Pipes and Tubes from 
India, Taiwan, Thailand, Turkey, and Circular Welded Non-Alloy Steel 
Pipe from Brazil, Korea, Mexico, and Taiwan, after the ITC found that 
revocation of the antidumping duty orders would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonablely foreseeable time.\1\
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    \1\ See Continuation of Antidumping Duty Orders; Light-Walled 
Rectangular Welded Carbon Steel Pipe and Tube From Taiwan; Circular 
Welded Non Alloy Steel Pipe and Tube from Brazil, Korea, Mexico, and 
Taiwan; Welded Carbon Steel Pipe and Tube From India, Thailand, and 
Turkey; and Small Diameter Standard and Rectangular Steel Pipe and 
Tube from Taiwan, 65 FR 50955 (August 22, 2000).
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    On July 1, 2005, the Department published a notice of initiation of 
the second sunset reviews of the antidumping duty orders on Certain 
Circular Welded Carbon Steel Pipes and Tubes from India, Taiwan, 
Thailand, Turkey, and Circular Welded Non-Alloy Steel Pipe from Brazil, 
Korea, Mexico, and Taiwan, pursuant to section 751(c) of the Act.\2\
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    \2\ See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 
38101 (July 1, 2005).
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    For each of these sunset reviews, the Department received notice of 
intent to participate from Allied Tube and Conduit, Copperweld 
Corporation, IPSCO Tubulars, Leavitt Tube Company, Maverick Tube 
Corporation, Northwest Pipe Company, Sharon Tube Company, Western Tube 
and Conduit, and Wheatland Tube Company (collectively, ``the domestic 
interested parties''), within the deadline specified in section 
351.218(d)(1)(i) of the Department's regulations. The domestic 
interested parties claimed interested party status under section 
771(9)(C) of the Act as U.S. producers of the subject merchandise.
    On June 29, 2005, we received complete substantive responses to the 
notice of initiation from the domestic interested parties within the 
30-day deadline specified in section 351.218(d)(3)(i) of the 
Department's regulations. We did not receive any responses from 
respondent interested parties to these proceedings. On October 25, 
2005, the Department received amendments to the July 29, 2005, 
substantive responses from the domestic interested parties because 
Mariuchi American Corporation was erroneously included as one of the 
domestic interested parties.
    Based on these circumstances, pursuant to section 751(c)(3)(B) of 
the Act and section 351.218(e)(1)(ii)(C)(2) of the Department's 
regulations, the Department has conducted expedited sunset reviews of 
these antidumping duty orders.

Scopes of the Antidumping Duty Orders

    See Appendix 1

Analysis of Comments Received

    All issues raised in these cases are addressed in the Issues and 
Decision Memorandum for Final Results of Expedited Sunset Reviews of 
the Antidumping Duty Orders on Certain Circular Welded Carbon Steel 
Pipes and Tubes from India, Taiwan, Thailand, Turkey, and Circular 
Welded Non-Alloy Steel Pipe from Brazil, Korea, Mexico, and Taiwan from 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration, (``Decision Memo''), dated October 31, 2005, 
which is hereby adopted by this notice. The issues discussed in the 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail if the orders 
were revoked. Parties can find a complete discussion of all issues 
raised in these sunset reviews and the corresponding recommendations in 
this public memo, which is on file in room B-099 of the main Commerce 
Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``November 2005''. The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
Certain Circular Welded Carbon Steel Pipes and Tubes from India, 
Taiwan, Thailand, Turkey, and Circular Welded Non-Alloy Steel Pipe from 
Brazil, Korea, Mexico, and Taiwan would likely lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                       Weighted-average
          Manufacturers/Exporters/Producers            margin (percent)
------------------------------------------------------------------------
India (A-533-502)...................................
Tata Iron and Steel Company, Ltd....................                7.08
All Others..........................................                7.08
Taiwan (A-583-008)..................................
Kao Hsing Chang.....................................                9.70
Tai Feng............................................               43.70
Yieh Hsing..........................................               38.50
All Others..........................................                9.70
Thailand (A-549-502)................................
Saha Thai Steel Pipe Co.............................               15.69
Thai Steel Pipe Industry Co.........................               15.60
All Others..........................................               15.67
Turkey (A-489-501)..................................
Borusan Ithicat ve Dagitim..........................                1.26
Erkboru Profil Sanayi ve Ticaret....................               23.12
Mannesmann-Sumerbank Boru Industrisi................               23.12
All Others..........................................               14.74
Brazil (A-351-809)..................................
Perisco Pizzamiglio S.A.............................              103.38
All Others..........................................              103.38
Korea (A-580-809)...................................
Hyundai Steel Pipe Co., Ltd.........................                6.86
Korea Steel Pipe Co., Ltd...........................                6.21
Masan Steel Tube Works Co., Ltd.....................               11.63
Pusan Steel Pipe Co., Ltd...........................                4.91
All Others..........................................                6.37
Mexico (A-201-805)..................................
HYLSA, S.A. de C.V..................................               32.62
All Others..........................................               32.62
Taiwan (A-580-814)..................................
Kao Hsing Chang Iron and Steeel Corp................               19.46
Yieh Hsing Enterprise Co., Ltd......................               27.65
All Others..........................................               23.56
------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations.
    Timely notification of the return or destruction of APO materials 
or conversion to judicial protective order is

[[Page 67664]]

hereby requested. Failure to comply with the regulations and terms of 
an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX 1

Scopes of the Antidumping Duty Orders

India -- Welded Carbon Steel Pipe and Tube (A-533-502)
The merchandise subject to this antidumping duty order include circular 
welded non-alloy steel pipe and tube, of circular cross-section, but 
not more than 406.4 millimeters (16 inches) in outside diameter, 
regardless of wall thickness, surface finish (black, galvanized, or 
painted), or end finish (plain end, beveled end, threaded, or threaded 
and coupled). These pipe and tube are generally known as standard pipe, 
though they may also be called structural or mechanical tubing in 
certain applications. Standard pipe and tube are intended for the low-
pressure conveyance of water, steam, natural gas, air and other liquids 
and gases in plumbing and heating systems, air-conditioner units, 
automatic sprinkler systems, and other related uses. Standard pipe may 
also be used for light load-bearing and mechanical applications, such 
as for fence tubing, and for protection of electrical wiring, such as 
conduit shells. The scope is not limited to standard pipe and fence 
tubing or those types of mechanical and structural pipe that are used 
in standard pipe applications. All carbon-steel pipe and tube within 
the physical description outlined above are included in the scope of 
this order, except for line pipe, oil-country tubular goods, boiler 
tubing, cold-drawn or cold-rolled mechanical tubing, pipe and tube 
hollows for redraws, finished scaffolding, and finished rigid conduit. 
Imports of the products covered by this order are currently 
classifiable under the following Harmonize Tariff Schedule of the 
United States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25, 
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 
7306.30.50.90.
Taiwan -- Circular Welded Carbon Steel Pipe and Tube (Small Diameter 
Carbon Steel Pipe and Tube) (A-583-008)
The merchandise subject to this antidumping duty order are shipments of 
certain circular welded carbon steel pipe and tube. The Department 
defines such merchandise as welded carbon steel pipe and tube of 
circular cross section, with walls not thinner than 0.065 inch and 
0.375 inch or more but not over 4 1/2 inches in outside diameter. These 
products are commonly referred to as ``standard pipe'' and are produced 
to various American Society for Testing Materials Specifications, most 
notably A-53, A-120, or A-135. Standard pipe is currently classified 
under HTSUS item numbers 7306.30.5025, 7306.30.5032, 7306.30.5040, and 
7306.30.5055.
Thailand -- Welded Carbon Steel Pipe and Tube (A-549-502)
The merchandise subject to this antidumping duty order is certain 
circular welded carbon steel pipe and tube, commonly referred to in the 
industry as ``standard pipe'' or ``structural tubing,'' with walls not 
thinner than 0.065 inches, and 0.375 inches or more, but not over 16 
inches in outside diameter. The subject merchandise was classifiable 
under items 610.3231, 610.3234, 610.3241, 610.3242, 610.3243, and 
610.3252, 610.3254, 610.3256, 610.3258, 610.4925 of the Tariff Schedule 
of the United States of America (TSUSA). Currently, it is classifiable 
under item numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, and 
7306.30.5040, 7306.30.5055, 7306.30.5085 and 7306.30.5090 of the HTSUS. 
There was one scope ruling in which British Standard light pipe 387/67, 
Class A-1 was found to be within the scope of the order per remand (58 
FR 27542, May 10, 1993).
Turkey -- Welded Carbon Steel Pipe and Tube (A-489-501)
The merchandise subject to this antidumping duty order includes 
circular welded non-alloy steel pipe and tube, of circular cross-
section, not more than 16 inches in outside diameter, regardless of 
wall thickness, surface finish (black, galvanized, or painted) or end 
finish (plain end, beveled end, threaded, or threaded and coupled). 
These pipe and tube are generally known as standard pipe, though they 
may also be called structural or mechanical tubing in certain 
applications. Standard pipe and tube are intended for the low-pressure 
conveyance of water, steam, natural gas, air and other liquids and 
gases in plumbing and heating systems, air-conditioner units, automatic 
sprinkler systems, and other related uses. Standard pipe may also be 
used for light load-bearing and mechanical applications, such as for 
fence tubing, and for protections of electrical wiring, such as conduit 
shells. The scope is not limited to standard pipe and fence tubing or 
those types of mechanical and structural pipe that are used in standard 
pipe applications. All carbon steel pipe and tube within the physical 
description outline above are included in the scope of this review, 
except for line pipe, oil country tubular goods, boiler tubing, cold-
drawn or cold-rolled mechanical tubing, pipe and tube hollows for 
redraws, finished scaffolding, and finished rigid conduit. The subject 
merchandise was classifiable under items 610.3231, 610.3234, 610.3241, 
610.3242, 610.3243, and 610.3252, 610.3254, 610.3256, 610.3258, 
610.4925 of the TSUSA; currently, it is classifiable under item numbers 
7306.30.1000, 7306.30.5025, 7306.30.5032, and 7306.30.5040, 
7306.30.5055, 7306.30.5085 and 7306.30.5090 of the HTSUS.
Brazil, Korea and Mexico -- Circular Welded Non-Alloy Steel Pipe and 
Tube (A-351- 809, A-580-809, A-201-805)
The products covered by this order are circular welded non-alloy steel 
pipes and tubes, of circular cross-section, not more than 406.4 
millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, galvanized, or painted), or end 
finish (plain end, beveled end, threaded, or threaded and coupled). 
These pipes and tubes are generally known as standard pipes and tubes 
and are intended for the low pressure conveyance of water, steam, 
natural gas, and other liquids and gases in plumbing and heating 
systems, air conditioning units, automatic sprinkler systems, and other 
related uses, and generally meet ASTM A-53 specifications. Standard 
pipe may also be used for light load-bearing applications, such as for 
fence tubing, and as structural pipe tubing used for framing and 
support members for reconstruction or load-bearing purposes in the 
construction, shipbuilding, trucking, farm equipment, and related 
industries. Unfinished conduit pipe is also included in these orders. 
All carbon steel pipes and tubes within the physical description 
outlined above are included within the scope of this order, except line 
pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe 
and tube hollows for redraws, finished scaffolding, and finished 
conduit. Standard pipe that is dual or triple certified/stenciled that 
enters the U.S. as line pipe of a kind used for oil or gas pipelines is 
also not included in this order.

[[Page 67665]]

Imports of the products covered by this order are currently 
classifiable under the following Harmonized Tariff Schedule (HTS) 
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90.
Although the HTS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.
Taiwan -- Circular Welded Non-Alloy Steel Pipe and Tube (A-583-814)
The products covered by this order are (1) circular welded non-alloy 
steel pipes and tubes, of circular cross section over 114.3 millimeters 
(4.5 inches), but not over 406.4 millimeters (16 inches) in outside 
diameter, with a wall thickness of 1.65 millimeters (0.065 inches) or 
more, regardless of surface finish (black, galvanized, or painted), or 
end-finish (plain end, beveled end, threaded, or threaded and coupled); 
and (2) circular welded non-alloy steel pipes and tubes, of circular 
cross-section less than 406.4 millimeters (16 inches), with a wall 
thickness of less than 1.65 millimeters (0.065 inches), regardless of 
surface finish (black, galvanized, or painted) or end-finish (plain 
end, beveled end, threaded, or threaded and coupled). These pipes and 
tubes are generally known as standard pipes and tubes and are intended 
for the low pressure conveyance of water, steam, natural gas, air, and 
other liquids and gases in plumbing and heating systems, air 
conditioning units, automatic sprinkling systems, and other related 
uses, and generally meet ASTM A-53 specifications. Standard pipe may 
also be used for light load-bearing applications, such as for fence-
tubing and as structural pipe tubing used for framing and support 
members for construction, or load-bearing purposes in the construction, 
shipbuilding, trucking, farm-equipment, and related industries. 
Unfinished conduit pipe is also included in this order. All carbon 
steel pipes and tubes within the physical description outlined above 
are included within the scope of this investigation, except line pipe, 
oil country tubular goods, boiler tubing, mechanical tubing, pipe and 
tube hollows for redraws, finished scaffolding, and finished conduit. 
Standard pipe that is dual or triple certified/stenciled that enters 
the U.S. as line pipe of a kind or used for oil and gas pipelines is 
also not included in this investigation.
Imports of the products covered by this order are currently 
classifiable under the following Harmonized Tariff Schedule (HTS) 
subheadings, 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90.
Although the HTS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this proceeding is 
dispositive.
[FR Doc. 05-22241 Filed 11-7-05; 8:45 am]
BILLING CODE: 3510-DS-S