[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Notices]
[Pages 66688-66690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27872]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-850]


Certain Large Diameter Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe (Over 4\1/2\ Inches) From Japan: Final Results of the 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 7, 2011, the U.S. Department of Commerce (``the 
Department'') published its preliminary results of the administrative 
review of the antidumping duty order on certain large diameter carbon 
and alloy seamless standard, line, and pressure pipe (over 4 \1/2\ 
inches) from Japan. The review covers four manufacturers/exporters: JFE 
Steel Corporation (``JFE''); Nippon Steel Corporation (``Nippon''); NKK 
Tubes (``NKK''); and Sumitomo Metal Industries, Ltd. (``SMI''). The 
period of review (``POR'') is June 1, 2009, through May 31, 2010. We 
received no comments on our preliminary results. Therefore, the final 
results do not differ from the preliminary results. We have reached a 
final determination of no shipments by the respondents in this 
administrative review. We will instruct U.S. Customs and Border 
Protection (``CBP'') to assess antidumping duties on all appropriate 
entries.

DATES: Effective Date: October 27, 2011.

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

SUPPLEMENTARY INFORMATION: 

Background

    On July 7, 2011, the Department published the preliminary results 
of the administrative review of the antidumping duty order on carbon 
and alloy seamless standard, line, and pressure pipe (over 4\1/2\ 
inches) from Japan for the period June 1, 2009, through May 31, 2010. 
See Certain Large Diameter Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe (Over 4 \1/2\ Inches) From Japan: Final Results

[[Page 66689]]

of the Antidumping Duty Administrative Review, 76 FR 39852 (July 7, 
2011) (``preliminary results''). We invited interested parties to 
comment on our preliminary results. We received no comments.

Scope of the Order

    The products covered by the 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'') A-53, ASTM A-106, ASTM A-333, ASTM A-
334, ASTM A-589, ASTM A-795, and the American Petroleum Institute 
(``API'') 5L specifications and meeting the physical parameters 
described below, regardless of application. The scope of the 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 the 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 the order are currently classifiable 
under the subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 
7304.10.50.50, 7304.19.10.30, 7304.19.10.45, 7304.19.10.60, 
7304.19.50.50, 7304.31.60.10, 7304.31.60.50, 7304.39.00.04, 
7304.39.00.06, 7304.39.00.08, 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, 7304.51.50.15, 
7304.51.50.45, 7304.51.50.60, 7304.59.20.30, 7304.59.20.55, 
7304.59.20.60, 7304.59.20.70, 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 A-106 
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 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 
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 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 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 A-106 pipes 
may be used in some boiler applications.
    The scope of the 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 the order. 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-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, such products are covered by the 
scope of the order.
    Specifically excluded from the scope of the order are: A. 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-589, ASTM A-795, 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 the scope when used in standard, 
line or pressure applications. C. Products produced to the A-335 
specification unless they are used in an application that would 
normally utilize ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-
589, ASTM A-795, 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

[[Page 66690]]

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 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, 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 a covered application 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-335 specification is being used in an A-106 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.

Final Determination of No Shipments

    As we stated in the preliminary results, our practice concerning 
no-shipment respondents had been to rescind the administrative review 
if the respondent certifies that it had no shipments and we have 
confirmed through our examination of CBP data that there were no 
shipments of subject merchandise during the POR. See 19 CFR 
351.213(d)(3); see also Oil Country Tubular Goods from Japan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Review, 70 FR 53161, 53161-53163 (September 7, 
2005), unchanged in Oil Country Tubular Goods from Japan: Final Results 
and Partial Rescission of Antidumping Duty Administrative Review, 71 FR 
95 (January 3, 2006). In such circumstances, we normally instructed CBP 
to liquidate any entries from the no-shipment company at the deposit 
rate in effect on the date of entry.
    In our May 6, 2003, ``automatic assessment'' clarification, we 
explained that, where respondents in an administrative review 
demonstrate that they had no knowledge of sales through resellers to 
the United States, we would instruct CBP to liquidate such entries at 
the all-others rate applicable to the proceeding. See Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003) (``Assessment Policy Notice'').
    As we stated in the preliminary results, because ``as entered'' 
liquidation instructions do not alleviate the concerns which the May 6, 
2003, clarification was intended to address, we find it appropriate in 
this case to instruct CBP to liquidate any existing entries of 
merchandise produced by Nippon, JFE, SMI, or NKK, and exported by other 
parties at the all-others rate. In addition, we continue to find it is 
more consistent with the May 6, 2003, clarification not to rescind the 
review in these circumstances but, rather, to complete the review with 
respect to Nippon, JFE, SMI, and NKK, and issue appropriate 
instructions to CBP based on the final results of the review. See the 
``Assessment Rates'' section of this notice below.

Assessment Rates

    The Department intends to issue assessment instructions directly to 
CBP 15 days after the date of publication of these final results of 
this review.
    As noted above, the Department clarified its ``automatic 
assessment'' regulation on May 6, 2003. See Assessment Policy Notice. 
This clarification will apply to POR entries by all respondent 
companies because they certified that they made no POR shipments of 
subject merchandise for which they had knowledge of U.S. destination. 
We will instruct CBP to liquidate these entries at the all-others rate 
established in the less-than-fair-value investigation (68.88 percent) 
if there is no rate for the intermediary involved in the transaction. 
See Assessment Policy Notice for a full discussion of this 
clarification.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    These final results of administrative review and notice are issued 
and published in accordance with sections 751(a)(1) and 777(i)(1) of 
the Act.

    Dated: October 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-27872 Filed 10-26-11; 8:45 am]
BILLING CODE 3510-DS-P