[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Notices]
[Pages 10707-10709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4289]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-809]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 29, 2006, the U.S. Department of Commerce (``the 
Department'') published a notice of initiation of 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 Argentina. The review covers one manufacturer/
exporter, Siderca S.A.I.C. (``Siderca''). The period of review 
(``POR'') is August 1, 2005, through July 31, 2006. Following the 
receipt of a certification of no shipments by Siderca, we notified the 
domestic interested party of the Department's intent to rescind this 
review and provided an opportunity to comment on the rescission. We 
received no comments. Therefore, we are rescinding this administrative 
review.

EFFECTIVE DATE: March 9, 2007.

FOR FURTHER INFORMATION CONTACT: Helen Kramer or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0405 and (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2006, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
seamless line and pressure pipe from Argentina for the period August 1, 
2005, through July 31, 2006. See Antidumping or Countervailing Duty 
Order, Finding or Suspended Investigation; Opportunity to Request 
Administrative Review, 71 FR 43441 (August 1, 2006). On August 31, 
2006, United States Steel Corporation (``U.S. Steel''), a domestic 
producer of the subject merchandise, made a timely request that the 
Department conduct an administrative review of Siderca. On September 
29, 2006, in accordance with section 751(a) of the Tariff Act of 1930, 
as amended (``the Act''), the Department published in the Federal 
Register a notice of initiation of this antidumping duty administrative 
review. See Notice of Initiation of Antidumping Duty and Countervailing 
Duty Administrative Reviews, 71 FR 57465 (September 29, 2006). On 
October 4, 2006, the Department issued its antidumping duty 
questionnaire to Siderca. On October 18, 2006, Siderca submitted a 
letter to the Department, certifying that the company made no shipments 
or entries for consumption in the United States of the subject 
merchandise during the POR. Siderca also certified that the company's 
U.S. affiliate, Tenaris Global Services U.S.A. Corporation, also did 
not sell, enter, or import subject merchandise for consumption into the 
United States during the POR.

Scope of the Order

    The antidumping duty order on imports from Argentina covers small 
diameter seamless carbon and alloy standard, line, and pressure pipes 
(``seamless pipes'') produced to the American Standard for Testing and 
Materials (``ASTM'') standards A-335, A-106, A-53, and American 
Petroleum Institute (``API'') standard 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

[[Page 10708]]

parameters described 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 
thicknesses are commonly referred to as tubes. The seamless pipes 
subject to this 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'').

Specifications, Characteristics and Uses

    The following information further defines the scope of this order, 
which covers pipes meeting the physical parameters described above.
    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 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 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 offshore), 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 A-335, 
A-106, 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 that, 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.
    Specifically excluded from the scope of this order are boiler 
tubing and mechanical tubing, if such products are not produced to A-
335, A-106, A-53 or API 5L specifications and are not used in standard, 
line or pressure applications. In addition, finished and unfinished 
OCTG are excluded from this 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 order 
when used in standard, line or pressure applications. Finally, also 
excluded from this order are redraw hollows for cold-drawing when used 
in the production of cold-drawn pipe or tube. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this order is dispositive.

Rescission of the Administrative Review

    As noted above, on October 18, 2006, Siderca submitted a letter to 
the Department indicating that it did not make any shipments or entries 
of subject merchandise to the United States during the POR. In response 
to the Department's query to U.S. Customs and Border Protection (CBP), 
CBP confirmed that a small quantity of subject merchandise was entered 
for consumption into the United States during the POR from a third 
country. On February 8, 2007, the Department placed on the record of 
this review copies of the entry documents in question. On the basis of 
these documents, the Department concluded that Siderca could not have 
known that the merchandise exported to a third country would be re-
exported to the United States. On February 20, 2007, the Department 
notified counsel for U.S. Steel of its intent to rescind this 
administrative review and requested comments on the intended 
rescission. Counsel notified the Department on the following day that 
they would not comment and had no objection to rescission. See 
Memorandum to the File from Helen M. Kramer, Case Analyst, dated 
February 22, 2007.
    Based upon Siderca's certification and the evidence on the record, 
we are satisfied that Siderca had no shipments of subject merchandise 
to the United States during the POR. Pursuant to 19 CFR 351.213(d)(3), 
the Department may rescind an administrative review, in whole or with 
respect to a particular exporter or producer, if the Secretary 
concludes that, during the period covered by the review, there were no

[[Page 10709]]

entries, exports, or sales of the subject merchandise. Therefore, the 
Department is rescinding this review in accordance with 19 CFR 
351.213(d)(3).
    Although Siderca did not have any sales or exports of subject 
merchandise to the United States during the POR, its subject 
merchandise entered the United States during the POR under its 
antidumping case number, without its knowledge, by way of 
intermediaries. The Department will instruct CBP 15 days after the 
publication of this notice to liquidate such entries at the ``All 
Others'' rate in effect on the date of the entry. See Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).
    We are issuing and publishing this notice in accordance with 
section 751(a)(1) of the Act and 19 CFR 351.213(d)(4).

    Dated: March 5, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-4289 Filed 3-8-07; 8:45 am]
BILLING CODE 3510-DS-S