[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 66893-66895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27957]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502, A-549-502, and A-489-501]


Certain Circular Welded Carbon Steel Pipes and Tubes From India, 
Thailand, and Turkey; Final Results of Expedited Five-Year (``Sunset'') 
Reviews of Antidumping Duty Orders

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

SUMMARY: On July 1, 2011, the Department of Commerce (``the 
Department'') initiated the third sunset reviews of the antidumping 
duty orders on certain circular welded carbon steel pipes and tubes 
from India, Thailand, and Turkey, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''). On the basis of a notice 
of intent to participate and adequate substantive responses filed on 
behalf of the domestic interested parties and inadequate response from 
respondent interested parties, the Department has conducted expedited 
sunset reviews of these antidumping duty orders. As a result of these 
sunset reviews, the Department finds that revocation of the antidumping 
duty orders would likely lead to continuation or recurrence of dumping 
at the level indicated in the ``Final Results of Reviews'' section of 
this notice.

DATES: Effective Date: October 28, 2011.

FOR FURTHER INFORMATION CONTACT: Dennis McClure, Antidumping/
Countervailing Duty Operations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5973.

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to section 736 of the Act, the Department published in the 
Federal Register the antidumping duty orders on certain circular welded 
carbon steel pipes and tubes from India, Thailand, and Turkey. See 
Antidumping Duty Order; Certain Welded Carbon Steel Standard Pipes and 
Tubes from India, 51 FR 17384 (May 12, 1986); Antidumping Duty Order; 
Circular Welded Carbon Steel Pipes and Tubes From Thailand, 51 FR 8341 
(March 11, 1986); and Antidumping Duty Order; Welded Carbon Steel 
Standard Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 
1986).
    On July 1, 2011, the Department published a notice of initiation of 
the third sunset reviews of the antidumping duty orders on certain 
circular welded carbon steel pipes and tubes from India, Thailand, and 
Turkey, pursuant to section 751(c) of the Act. See Initiation of Five-
Year (``Sunset'') Review, 76 FR 38613 (July 1, 2011).
    For each of these sunset reviews, the Department received notice of 
intent to participate from Allied Tube and Conduit, JMC Steel Group, 
Leavitt Tube, Northwest Pipe Company, TMK IPSCO Tubulars, U.S. Steel 
Corporation, and Western Tube and Conduit, (collectively, ``the 
domestic interested parties'') within the deadline specified in 19 CFR 
351.218(d)(1)(i). In addition, Wheatland Tube Company (``Wheatland'') 
filed an entry of appearance and also requested recognition as a 
domestic interested party. The domestic interested parties claim 
interested party status under section 771(9)(C) of the Act as U.S. 
producers of the subject merchandise.
    On July 4, 2011, the Government of Turkey filed an entry of 
appearance as an interested party for the Turkish proceeding. On July 
5, 2011, the Government of Turkey requested the Department to extend 
the 30-day deadline for filing its substantive response as specified in 
19 CFR 351.218(d)(3)(i). On July 7, 2011, Saha Thai Steel Pipe (Public) 
Company, Ltd. (``Saha Thai''), a Thai producer and exporter, entered an 
appearance as a respondent interested party. On August 10, 2011, the 
Department extended the deadline to file a substantive response until 
August 10, 2011.
    On July 29, August 1, and 10, 2011, we received complete 
substantive responses from the domestic interested parties within the 
extended deadline established by the Department. Wheatland Tube Company 
did not file a substantive response. Saha Thai did not file a 
substantive response. On August 9, 2011, the Government of Turkey 
submitted a substantive response within the extended deadline.\1\ On 
August 17, 2011, we received rebuttal comments to the Government of 
Turkey's substantive response from U.S. Steel Corporation. We received 
no other substantive responses from respondent interested parties on 
the three antidumping duty orders currently under review and, 
therefore, did not have adequate respondent interested party 
participation pursuant to 19 CFR 351.218(e)(1)(ii)(A).
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    \1\ The Government of Turkey did not claim to have exported 
subject merchandise.
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    Based on these circumstances, pursuant to section 751(c)(3)(B) of 
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has 
conducted expedited sunset reviews of these antidumping duty orders.

Scope of the Antidumping Duty Orders

    See Appendix 1.

Analysis of Comments Received

    All issues raised in these cases are addressed in the Issues and 
Decision Memorandum for the Final Results of Expedited Five-Year 
(Sunset) Reviews of the Antidumping Duty Orders on Certain Circular 
Welded Carbon Steel Pipes and Tubes from India, Thailand, and Turkey 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration (``Decision Memo''), 
dated concurrent with this final notice, which is hereby adopted by 
this notice. The issues discussed in the Decision Memo include the 
likelihood of

[[Page 66894]]

continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these sunset reviews and 
the corresponding recommendations in this public memo, which is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available in the Central Records Unit 
(``CRU''), Room 7046 of the main Department of Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``November 2011''. The signed version and the electronic 
versions are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
certain circular welded carbon steel pipes and tubes from India, 
Thailand, and Turkey would likely lead to continuation or recurrence of 
dumping at the following weighted-average percentage margins:

------------------------------------------------------------------------
                                                      Weighted-average
         Manufacturers/Exporters/Producers            margin (percent)
------------------------------------------------------------------------
India (A-533-502)
    Tata Iron and Steel Company, Ltd..............                  7.08
    All Others....................................                  7.08
Thailand (A-549-502)
    Saha Thai Steel Pipe Co.......................                 15.69
    Thai Steel Pipe Industry Co...................                 15.60
    All Others....................................                 15.67
Turkey (A-489-501)
    Borusan Ithicat ve Dagitim....................                  1.26
    Erkboru Profil Sanayi ve Ticaret..............                 23.12
    Mannesmann-Sumerbank Boru Industrisi..........                 23.12
    All Others....................................                 14.74
------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305.
    Timely notification of the return or 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.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: October 24, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix 1

Scope of the Antidumping Duty Orders

India--Welded Carbon Steel Pipe and Tube (A-533-502)

    The products covered by the order include certain welded carbon 
steel standard pipes and tubes with an outside diameter of 0.375 inch 
or more but not over 16 inches. These products are commonly referred to 
in the industry as standard pipes and tubes produced to various 
American Society for Testing Materials (ASTM) specifications, most 
notably A-53, A-120, or A-135.
    The antidumping duty order on certain welded carbon steel standard 
pipes and tubes from India, published on May 12, 1986, included 
standard scope language which used the import classification system as 
defined by Tariff Schedules of the United States, Annotated (TSUSA). 
The United States developed a system of tariff classification based on 
the international harmonized system of customs nomenclature. On January 
1, 1989, the U.S. tariff schedules were fully converted from the TSUSA 
to the Harmonized Tariff Schedule (HTS). See, e.g., Certain Welded 
Carbon Steel Standard Pipes and Tubes from India; Preliminary Results 
of Antidumping Duty Administrative Reviews, 56 FR 26650, 26651 (June 
10, 1991). As a result of this transition, the scope language we used 
in the 1991 Federal Register notice is slightly different from the 
scope language of the original final determination and antidumping duty 
order.
    Until January 1, 1989, such merchandise was classifiable under item 
numbers 610.3231, 610.3234, 610.3241, 610.3242, 610.3243, 610.3252, 
610.3254, 610.3256, 610.3258, and 610.4925 of the TSUSA. This 
merchandise is currently classifiable under HTS item numbers 
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 
7306.30.5085, 7306.30.5090. As with the TSUSA numbers, the HTS numbers 
are provided for convenience and customs purposes. The written product 
description remains dispositive.\2\
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    \2\ Certain Welded Carbon Steel Standard Pipes and Tubes From 
India: Final Results of Antidumping Duty Administrative Review, 75 
FR 69626, 69627 (November 15, 2010).
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Thailand--Welded Carbon Steel Pipe and Tube (A-549-502)

    The products covered by the order include certain welded carbon 
steel standard pipes and tubes with an outside diameter of 0.375 inch 
or more but not over 16 inches. These products are commonly referred to 
in the industry as standard pipes and tubes produced to various 
American Society for Testing Materials (ASTM) specifications, most 
notably A-53, A-120, or A-135.
    The antidumping duty order on certain welded carbon steel standard 
pipes and tubes from India, published on May 12, 1986, included 
standard scope language which used the import classification system as 
defined by Tariff Schedules of the United States, Annotated (TSUSA). 
The United States developed a system of tariff classification based on 
the international harmonized system of customs nomenclature. On January 
1, 1989, the U.S. tariff schedules were fully converted from the TSUSA 
to the Harmonized Tariff Schedule (HTS). See, e.g., Certain Welded 
Carbon Steel Standard Pipes and Tubes from India; Preliminary Results 
of Antidumping Duty Administrative Reviews, 56 FR 26650, 26651 (June 
10, 1991). As a

[[Page 66895]]

result of this transition, the scope language we used in the 1991 
Federal Register notice is slightly different from the scope language 
of the original final determination and antidumping duty order.
    Until January 1, 1989, such merchandise was classifiable under item 
numbers 610.3231, 610.3234, 610.3241, 610.3242, 610.3243, 610.3252, 
610.3254, 610.3256, 610.3258, and 610.4925 of the TSUSA. This 
merchandise is currently classifiable under HTS item numbers 
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 
7306.30.5085, 7306.30.5090. As with the TSUSA numbers, the HTS numbers 
are provided for convenience and customs purposes. The written product 
description remains dispositive.3 4
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    \3\ Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Final Results of Antidumping Duty Administrative Review, 75 FR 64696 
(October 20, 2010).
    \4\ There was one scope ruling in which British Standard light 
pipe 387/67, Class A-1 was found to be within the scope of the order 
per remand. See Scope Rulings, 58 FR 27542, (May 10, 1993).
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Turkey--Welded Carbon Steel Pipe and Tube (A-489-501)

    The products covered by this order include circular welded non-
alloy steel pipes and tubes, of circular cross-section, not more than 
406.4 millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, or galvanized, painted), or end 
finish (plain end, beveled end, threaded and coupled). Those pipes and 
tubes are generally known as standard pipe, though they may also be 
called structural or mechanical tubing in certain applications. 
Standard pipes and tubes are intended for the low pressure conveyance 
of water, steam, natural gas, air, and other liquids and gases in 
plumbing and heating systems, air conditioner units, automatic 
sprinkler systems, and other related uses. Standard pipe may also be 
used for light load-bearing and mechanical applications, such as for 
fence tubing, and for protection of electrical wiring, such as conduit 
shells.
    The scope is not limited to standard pipe and fence tubing, or 
those types of mechanical and structural pipe that are used in standard 
pipe applications. All carbon steel pipes and tubes within the physical 
description outlined above are included in the scope of this order, 
except for line pipe, oil country tubular goods, boiler tubing, cold-
drawn or cold-rolled mechanical tubing, pipe and tube hollows for 
redraws, finished scaffolding, and finished rigid conduit.
    Imports of these products are currently classifiable under the 
following Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this proceeding is 
dispositive.\5\
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    \5\ Certain Welded Carbon Steel Pipe and Tube From Turkey: 
Notice of Final Antidumping Duty Administrative Review, 75 FR 
64250.64251 (October 19, 2010).
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[FR Doc. 2011-27957 Filed 10-27-11; 8:45 am]
BILLING CODE 3510-DS-P