[Federal Register Volume 72, Number 96 (Friday, May 18, 2007)]
[Notices]
[Pages 28027-28029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9638]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-357-809, A-351-826]


Revocation Pursuant to Second Five-year (``Sunset'') Reviews of 
Antidumping Duty Orders: Certain Small Diameter Carbon and Alloy 
Seamless Standard, Line and Pressure Pipe from Argentina and Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the International Trade 
Commission (``ITC'') that revocation of the antidumping duty orders on 
certain small diameter carbon and alloy seamless standard, line and 
pressure pipe (``seamless line pipe'') from Argentina and Brazil would 
not be likely to lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time, the Department of Commerce (``the Department'') is 
publishing this notice of revocation of these antidumping duty orders 
pursuant to section 751(d)(2) of the Tariff Act of 1930, as amended 
(``the Act'').

EFFECTIVE DATE: July 16, 2006.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Dana Mermelstein, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 16, 2001, at the conclusion of the first sunset review of 
these orders, the Department published notice of continuation of these 
orders. See Continuation of Antidumping Duty Orders: Certain Seamless 
Carbon and Alloy Steel Standard, Line and Pressure Pipe From Argentina, 
Brazil, and Germany, 66 FR 37004 (July 16, 2001).
    On June 1, 2006, the Department initiated, and the ITC instituted, 
sunset reviews of the antidumping duty orders on seamless line pipe 
from Argentina, Brazil, and Germany pursuant to section 751(c) of the 
Act. See Initiation of Five-year (``Sunset'') Reviews, 71 FR 31153 
(June 1, 2006). As a result of its sunset reviews, the Department found 
that revocation of the antidumping duty orders would likely lead to 
continuation or recurrence of dumping, and notified the ITC of the 
magnitude of the margins likely to prevail were the orders to be 
revoked. See Certain Small Diameter Carbon and Alloy Seamless Standard, 
Line, and Pressure Pipe from Argentina, Brazil and Germany: Final 
Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 
71 FR 59079 (October 6, 2006).
    On May 2, 2007, the ITC determined, pursuant to section 751(c) of 
the Act, that revocation of the antidumping duty orders on seamless 
line pipe from Argentina and Brazil would not be likely to lead to a 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. The ITC notified 
the Department and published its decision on May 8, 2007. See Certain 
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from 
Argentina, Brazil, and Germany, 72 FR 26153 (May 8, 2007), and ITC 
Publication 3918 (May 2007), Investigation No. 731-TA-707-709 (Second 
Review).

Scope of the Order

    The scope of this order includes small diameter seamless carbon and 
alloy standard, line and pressure pipes (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

[[Page 28028]]

114.3 mm (4.5 inches) in outside diameter, regardless of wall 
thickness, manufacturing process (hot-finished or cold-drawn), end 
finish (plain end, bevelled 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 7304.19.10.20, 7304.19.50.20, 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 American 
Society for Testing and Materials (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 pipe lines. 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 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 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 
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.
    Specifically excluded from 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 the scope of 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 
scope 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.

Revocation of Antidumping Duty Orders

    As a result of the determinations by the ITC that revocation of 
these antidumping duty orders is not likely to lead to continuation or 
recurrence of material injury to an industry in the United States, the 
Department is revoking the antidumping duty orders on seamless line 
pipe from Argentina and Brazil, pursuant to sections 751(c) and 751(d) 
of the Act. Pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(2)(i), the effective date of revocation is July 16, 2006 
(i.e., the fifth anniversary of the date of publication in the Federal 
Register of the Continuation Notice). The Department will notify U.S. 
Customs and Border Protection to discontinue suspension of liquidation 
and collection of cash deposits on entries of the subject merchandise 
entered or withdrawn from warehouse on or after July 16, 2006, the 
effective date of revocation of the antidumping duty orders. The 
Department will complete any pending administrative reviews of these 
orders and will conduct administrative reviews of subject merchandise 
entered prior to the effective date of revocation in response to 
appropriately filed requests for review.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These revocations pursuant to five-year sunset reviews and this 
notice are in accordance with sections 751(c) and 751(d)(2) of the Act 
and are published pursuant to section 777(i)(1) of the Act.


[[Page 28029]]


    Dated: May 11, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-9638 Filed 5-17-07; 8:45 am]
BILLING CODE 3510-DS-S