[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76773-76774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7980]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-820]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request by United States Steel Corporation 
(``US Steel''), petitioner in this review, the U.S. Department of 
Commerce (``the Department'') initiated an administrative review of the 
antidumping duty order on small diameter seamless carbon and alloy 
steel standard, line and pressure pipe (``seamless line and pressure 
pipe'') from Germany with respect to Vallourec & Mannesmann Tubes - V&M 
Deutschland GmbH (``VMD''), Mannesmann Pipe & Steel Corporation 
(``Mannesmann''), Benteler Stahl/Rohr GmbH (``Benteler Stahl''), and 
Benteler Steel and Tube Corporation (``Benteler Tube'') (collectively, 
``respondents''). No other interested party requested a review. The 
period of review (``POR'') is August 1, 2004, through July 31, 2005. On 
December 13, 2005, US Steel withdrew its request for an administrative 
review of the four respondents. Accordingly, the Department is now 
rescinding the administrative review of these companies.

EFFECTIVE DATE: December 28, 2005.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Patrick Edwards, 
AD/CVD Operations, Office 7, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-3019 and (202) 482-8029, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 3, 1995, the Department published an antidumping duty 
order on seamless line and pressure pipe from Germany. See Notice of 
Antidumping Duty Order and Amended Final Determination of Sales at Less 
than Fair Value: Small Diameter Seamless Carbon and Alloy Steel 
Standard, Line and Pressure Pipe from Germany, 60 FR 39704 (August 3, 
1995).
    On August 1, 2005, the Department published in the Federal Register 
a notice of opportunity to request an administrative review of the 
antidumping duty order covering seamless line and pressure pipe from 
Germany. See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation: Opportunity to Request Administrative Review, 
70 FR 44085 (August 1, 2005). On August 31, 2005, the Department 
received a timely filed request for an administrative review of the 
antidumping duty order on seamless line and pressure pipe from Germany 
with respect to VMD, Mannesmann, Benteler Stahl, and Benteler Tube from 
US Steel, a domestic producer of the subject merchandise. On September 
28, 2005, in accordance with section 751(a) of the Tariff Act of 1930, 
as amended (``the Act''), the Department published a notice of 
initiation of the administrative review of VMD, Mannesmann, Benteler 
Stahl and Benteler Tube, covering the period August 1, 2004, through 
July 31, 2005. Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 70 FR 56631 
(September 28, 2005).
    On October 6, 2005, the Department released the antidumping duty 
questionnaire to VMD, Mannesmann, Benteler Stahl, and Benteler Tube. On 
December 13, 2005, the petitioner withdrew its request in a timely 
manner for an administrative review of the four named respondents. No 
other party requested a review.

Scope of the Order

    The products covered by the order are 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. For purposes of this 
order, 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, beveled 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 
thickness are commonly referred to as tubes.
    The seamless pipes subject to this antidumping duty order are 
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 order, 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 ASTM 
standard A-106 may be used in temperatures of up to 1000 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

[[Page 76774]]

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 pipelines. 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 ASTM 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 order 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 non-covered specification. Standard, line and 
pressure applications and the above-listed specifications are defining 
characteristics of the scope of this order. Therefore, seamless pipes 
meeting the physical description above, but not produced to the ASTM A-
335, ASTM A-106, ASTM 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 order.
    The HTSUS item numbers are provided for convenience and Customs 
purposes. The written description remains dispositive.

Rescission of the Administrative Review

    Pursuant to the Department's regulations, the Department will 
rescind an administrative review ``if a party that requested a review 
withdraws the request within 90 days of the date of publication of the 
notice of initiation of the requested review.'' See 19 CFR 
351.213(d)(1). Since the petitioner withdrew its request for an 
administrative review on December 13, 2005, which is within the 90-day 
deadline, and no other party requested a review with respect to these 
companies, the Department is rescinding this administrative review in 
accordance with 19 CFR 351.213(d)(1).

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction. The Department is issuing 
and publishing this notice in accordance with section 777(i) of the Act 
and 19 CFR 351.213(d)(4).

    Dated: December 21, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-7980 Filed 12-27-05; 8:45 am]
BILLING CODE 3510-DS-S