[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Notices]
[Pages 26746-26748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6923]



[[Page 26746]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-850, A-588-851, A-485-805]


Certain Large Diameter Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe from Japan and Certain Small Diameter Carbon and 
Alloy Seamless Standard, Line, and Pressure Pipe from Japan and 
Romania: Continuation of Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty orders on certain large 
diameter carbon and alloy seamless standard, line and pressure pipe 
from Japan and (Large Diameter SSLPP), and certain small diameter 
carbon and alloy seamless standard, line and pressure pipe (Small 
Diameter SSLPP) from Japan and Romania would be likely to lead to 
continuation or recurrence of dumping and of material injury to an 
industry in the United States within a reasonably foreseeable time, the 
Department is publishing notice of the continuation of these 
antidumping duty orders.

EFFECTIVE DATE: May 8, 2006.

FOR FURTHER INFORMATION CONTACT: Saliha Loucif or Brandon Farlander, 
Office 1, AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-1779 and (202) 
482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2005, the Department initiated and the ITC instituted a 
sunset review of the antidumping duty orders on SSLPP from Japan and 
Romania, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). See Initiation of Five-year (Sunset) Reviews, 70 FR 
22632 (May 2, 2005); see also Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe From Czech Republic, Japan, Mexico, Romania, and 
South Africa, 70 FR 22688, (May 2, 2005).
    As a result of its review, the Department found that revocation of 
the antidumping duty orders would be likely to lead to continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail were the order to be revoked. See Certain 
Large Diameter Carbon and Alloy Seamless Standard, Line and Pressure 
Pipe from Japan and Mexico; Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders, 70 FR 53159 (September 7, 
2005); see also Carbon and Alloy Seamless Standard, Line, and Pressure 
Pipe (Under 4\1/2\ inches) from the Czech Republic, Japan, Romania, and 
South Africa; Final Results of the Expedited Sunset Reviews of the 
Antidumping Duty Orders, 70 FR 53151 (September 7, 2005). On April 24, 
2006, the ITC determined pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty orders on Large Diameter SSLPP from 
Japan and Small Diameter SSLPP from Japan and Romania would be likely 
to lead to continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time. See Carbon 
and Alloy Seamless Standard, Line, and Pressure Pipe From the Czech 
Republic, Japan, Mexico, Romania, and South Africa, 71 FR 24860 (April 
27, 2006), and ITC Publication 3850 (April 2006) (First Review), 
Investigation No. 731-TA-846-850.

Scope of the Order: Large Diameter SSLPP

    The products covered by this order are large diameter seamless 
carbon and alloy (other than stainless) steel standard, line, and 
pressure pipes produced, or equivalent, to the American Society for 
Testing and Materials (ASTM) A53, ASTM A106, ASTM A333, ASTM A334, ASTM 
A589, ASTM A795, and the American Petroleum Institute (API) 5L 
specifications and meeting the physical parameters described below, 
regardless of application, with the exception of the exclusions 
discussed below. The scope of this order also includes all other 
products used in standard, line, or pressure pipe applications and 
meeting the physical parameters described below, regardless of 
specification, with the exception of the exclusions discussed below.
    Specifically included within the scope of this order are seamless 
pipes greater than 4.5 inches (114.3 mm) up to and including 16 inches 
(406.4 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 this order are currently classifiable 
under the subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 
7304.10.50.50, 7304.31.60.50, 7304.39.00.36, 7304.39.00.40, 
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.60, 
7304.59.60.00, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 
7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 
7304.59.80.65, and 7304.59.80.70 of the Harmonized Tariff Schedule of 
the United States (HTSUS).
    Specifications, Characteristics, and Uses: Large diameter seamless 
pipe is used primarily for line applications such as oil, gas, or water 
pipeline, or utility distribution systems. 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 A106 
standard 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 A335 standard must be used if 
temperatures and stress levels exceed those allowed for ASTM A106. 
Seamless pressure pipes sold in the United States are commonly produced 
to the ASTM A106 standard.
    Seamless standard pipes are most commonly produced to the ASTM A53 
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. If exceptionally 
low temperature uses or conditions are anticipated, standard pipe may 
be manufactured to ASTM A333 or ASTM A334 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 
A589) and seamless galvanized pipe for fire protection uses (ASTM A795) 
are used for the conveyance of water. Seamless pipes are commonly 
produced and certified to meet ASTM

[[Page 26747]]

A106, ASTM A53, 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 A106 pressure pipes and triple or quadruple certified pipes in 
large diameters is for use as oil and gas distribution lines for 
commercial applications. A more minor application for large diameter 
seamless pipes is for use in pressure piping systems by refineries, 
petrochemical plants, and chemical plants, as well as in power 
generation plants and in some oil field uses (on shore and off shore) 
such as for separator lines, gathering lines and metering runs. These 
applications constitute the majority of the market for the subject 
seamless pipes. However, ASTM A106 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, with the 
exception of the exclusions discussed below, 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 
A53, ASTM A106, ASTM A333, ASTM A334, ASTM A589, ASTM A795, 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 A106 applications. These specifications generally include 
ASTM A161, ASTM A192, ASTM A210, ASTM A252, ASTM A501, ASTM A523, ASTM 
A524, and ASTM A618. When such pipes are used in a standard, line, or 
pressure pipe application, such products are covered by the scope of 
this order.
    Specifically excluded from the scope of this order are:
    A. Boiler tubing and mechanical tubing, if such products are not 
produced to ASTM A53, ASTM A106, ASTM A333, ASTM A334, ASTM A589, ASTM 
A795, and API 5L specifications and are not used in standard, line, or 
pressure pipe applications.
    B. Finished and unfinished oil country tubular goods (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.
    C. Products produced to the A335 specification unless they are used 
in an application that would normally utilize ASTM A53, ASTM A106, ASTM 
A333, ASTM A334, ASTM A589, ASTM A795, and API 5L specifications.
    D. Line and riser pipe for deepwater application, i.e., line and 
riser pipe that is (1) used in a deepwater application, which means for 
use in water depths of 1,500 feet or more; (2) intended for use in and 
is actually used for a specific deepwater project; (3) rated for a 
specified minimum yield strength of not less than 60,000 psi; and (4) 
not identified or certified through the use of a monogram, stencil, or 
otherwise marked with an API specification (e.g., API 5L). 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 utilized in a covered application. If such 
information is provided, the Department 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 a covered 
application as described above. For example, if, based on evidence 
provided by the petitioner, the Department finds a reasonable basis to 
believe or suspect that seamless pipe produced to the A-335 
specification is being used in an A-106 application, it will require 
end-use certifications for imports of that specification. Normally the 
Department 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, the Department 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, 
the written description of the merchandise subject to this order is 
dispositive.

Scope of the Orders: Small Diameter SSLPP

    The products covered by the orders 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 orders 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 orders 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 orders 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 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,

[[Page 26748]]

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 orders 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 orders. 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 orders.
    Specifically excluded from the scope of the orders 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 oil 
country tubular goods (OCTG) are excluded from the scope of the orders, 
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.

Determination

    As a result of the determinations by the Department and ITC that 
revocation of these antidumping duty orders would be likely to lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on Large Diameter SSLPP from Japan and Small Diameter SSLPP 
from Japan and Romania.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise.
    The effective date of continuation of this order will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department 
intends to initiate the next five-year review of this order not later 
than March 2011.
    These five-year (sunset) reviews and this notice are in accordance 
with section 751(c) of the Act.

    Dated: May 2, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-6923 Filed 5-5-06; 8:45 am]
BILLING CODE 3510-DS-S