[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Notices]
[Pages 41967-41969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17372]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-502, A-549-502, A-489-501, C-489-502, A-351-809, A-201-805, A-
580-809, A-583-814, and A-583-008]


Certain Circular Welded Carbon Steel Pipes and Tubes From India, 
Thailand, and Turkey; Certain Circular Welded Non-Alloy Steel Pipe From 
Brazil, Mexico, the Republic of Korea, and Taiwan; and Certain Circular 
Welded Carbon Steel Pipes and Tubes From Taiwan: Continuation of 
Antidumping and Countervailing 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) that revocation of the antidumping duty (AD) 
orders on (1) certain circular welded carbon steel pipes and tubes from 
India, Thailand, and Turkey; (2) certain circular welded non-alloy 
steel pipe from Brazil, Mexico, the Republic of Korea, and Taiwan; and 
(3) certain circular welded carbon steel pipes and tubes from Taiwan 
would likely lead to continuation or recurrence of dumping, that 
revocation of the countervailing duty (CVD) order on certain circular 
welded carbon steel pipes and tubes from Turkey would likely lead to 
continuation or recurrence of a countervailable subsidy, and the 
determinations by the International Trade Commission (the ITC) that 
revocation of these AD and CVD orders would likely lead to a 
continuation or recurrence of material injury to an industry in the 
United States, the Department is publishing this notice of the 
continuation of these AD orders and CVD order.

DATES: Effective July 17, 2012.

FOR FURTHER INFORMATION CONTACT: James Terpstra or Robert James (AD 
orders) or Eric Greynolds (CVD order), AD/CVD Operations, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-3965, (202) 482-0649, and (202) 482-6071, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 1, 2011, the Department initiated and the ITC instituted 
sunset reviews of the AD and CVD orders on certain circular welded 
carbon steel pipes and tubes from India, Thailand, and Turkey, certain 
circular welded non-alloy steel pipe from Brazil, Mexico, the Republic 
of Korea, and Taiwan, and certain circular welded carbon steel pipes 
and tubes from Taiwan pursuant to sections 751(c) and 752 of the Tariff 
Act of 1930, as amended (the Act), respectively.\1\ As a result of its 
reviews, the Department found that revocation of the AD orders would 
likely lead to continuation or recurrence of dumping and that 
revocation of the CVD order would likely lead to continuation or 
recurrence of subsidization, and notified the ITC of the margins of 
dumping and the subsidy rates likely to prevail were the orders 
revoked.\2\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 76 FR 38613 
(July 1, 2011).
    \2\ See 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, 76 FR 66893 
(October 28, 2011); Welded Carbon Steel Pipe and Tube From Turkey: 
Final Results of Expedited Sunset Review of Countervailing Duty 
Order, 76 FR 64900 (October 19, 2011); and Certain Circular Welded 
Non-Alloy Steel Pipe From Brazil, Mexico, the Republic of Korea, and 
Taiwan; and Certain Circular Welded Carbon Steel Pipes and Tubes 
From Taiwan: Final Results of the Expedited Third Sunset Reviews of 
the Antidumping Duty Order, 76 FR 66899 (October 28, 2011) 
(collectively, Final Results).

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[[Page 41968]]

    On July 5, 2012, the ITC published its determination, pursuant to 
section 751(c) of the Act, that revocation of the AD and CVD orders on 
certain pipe and tube from Brazil, India, Korea, Mexico, Taiwan, 
Thailand, and Turkey would likely lead to continuation or recurrence of 
material injury within a reasonably foreseeable time.\3\
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    \3\ See Certain Circular Welded Pipe and Tube From Brazil, 
India, Korea, Mexico, Taiwan, Thailand, and Turkey, 77 FR 39736 
(July 5, 2012) and USITC Publication titled Certain Circular Welded 
Pipe and Tube From Brazil, India, Korea, Mexico, Taiwan, Thailand, 
and Turkey (Inv. Nos. 701-TA-253 and 731-TA-132, 252, 271, 273, 532-
534, and 536 (Third Review), USITC Publication 4333 (June 2012).
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Scope of the Orders

    The products covered by these AD and CVD orders are identified in 
the Appendix to this notice.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of these AD and CVD orders would likely lead to 
continuation or recurrence of dumping or a countervailable subsidy, and 
of 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 AD and CVD orders on certain circular welded carbon 
steel pipes and tubes from India, Thailand, and Turkey, certain 
circular welded non-alloy steel pipe from Brazil, Mexico, the Republic 
of Korea, and Taiwan, and certain circular welded carbon steel pipes 
and tubes from Taiwan.
    U.S. Customs and Border Protection will continue to collect cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise. The effective date of the continuation of these 
orders is 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 these finding/orders not later than 30 days prior to the fifth 
anniversary of the effective date of the continuation.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: July 10, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

APPENDIX

Scope of the Antidumping And Countervailing 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.\4\
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    \4\ See 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 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 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 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.5 6
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    \5\ See Circular Welded Carbon Steel Pipes and Tubes From 
Thailand: Final Results of Antidumping Duty Administrative Review, 
75 FR 64696 (October 20, 2010).
    \6\ 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 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

[[Page 41969]]

the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this proceeding is 
dispositive.\7\
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    \7\  See 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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Turkey--Welded Carbon Steel Pipe and Tube (C-489-502)

    The products covered by the order are certain welded carbon 
steel pipe and tube with an outside diameter of 0.375 inch or more, 
but not over 16 inches, of any wall thickness (pipe and tube) from 
Turkey. These products are currently provided for under the HTSUS as 
item numbers 7306.30.10, 7306.30.50, and 7306.90.10. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the merchandise is dispositive.\8\
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    \8\ See Certain Welded Carbon Steel Standard Pipe From Turkey: 
Final Results of Countervailing Duty Administrative Review, 75 FR 
44766 (July 29, 2010).
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Brazil, Mexico, and the Republic of Korea--Certain Circular Welded 
Non-Alloy Steel Pipe (A-351-809, A-201-805, and A-580-809)

    The products covered by the orders are 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, galvanized, or painted), or 
end finish (plain end, beveled end, threaded and coupled). These 
pipes and tubes are generally known as standard pipes and tubes and 
are intended for the low pressure conveyance of water, steam, 
natural gas, and other liquids and gasses in plumbing and heating 
systems, air conditioning units, automatic sprinkler systems, and 
other related uses, and generally meets ASTM A-53 specifications. 
Standard pipe may also be used for light load-bearing applications, 
such as for fence tubing, and as structural pipe tubing used for 
farming and support members for reconstruction or load bearing 
purposes in the construction, shipbuilding, trucking, farm 
equipment, and related industries. Unfinished conduit pipe is also 
included in the orders.
    All carbon steel pipes and tubes within the physical description 
outlined above are included within the scope of the orders, except 
line pipe, oil country tubular goods, boiler tubing, mechanical 
tubing, pipe and tube hollows for redraws, finished scaffolding, and 
finished conduit. Standard pipe that is dual or triple certified/
stenciled that enters the U.S. as line pipe of a kind used for oil 
or gas pipelines is also not included in the orders.
    Imports of the products covered by the orders are currently 
classifiable under the following HTSUS subheadings: 7306.30.10.00, 
7306.30.50.25, 7306.30.50.32, 73.06.30.50.40, 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 the orders is dispositive.\9\
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    \9\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe From Brazil, the Republic of Korea 
(Korea), Mexico and Venezuela, and Amendment to Final Determination 
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy 
Steel Pipe From Korea, 57 FR 49453 (November 2, 1992); Certain 
Circular Welded Non-Alloy Steel Pipe From Mexico: Final Results of 
Antidumping Duty Administrative Review, 76 FR 77770 (December 14, 
2011); and Circular Welded Non-Alloy Steel Pipe From the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review, 77 
FR 34344 (June 11, 2012).
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Taiwan--Certain Circular Welded Non-Alloy Steel Pipe (A-583-814)

    The products covered by the order are (1) circular welded non-
alloy steel pipes and tubes, of circular cross section over 114.3 
millimeters (4.5 inches), but not over 406.4 millimeters (16 inches) 
in outside diameter, with a wall thickness of 1.65 millimeters 
(0.065 inches) or more, regardless of surface finish (black, 
galvanized, or painted), or end-finish (plain end, beveled end, 
threaded, or threaded and coupled); and (2) circular welded non-
alloy steel pipes and tubes, of circular cross-section less than 
406.4 millimeters (16 inches), with a wall thickness of less than 
1.65 millimeters (0.065 inches), regardless of surface finish 
(black, galvanized, or painted) or end-finish (plain end, beveled 
end, threaded, or threaded and coupled). These pipes and tubes are 
generally known as standard pipes and tubes and are intended for the 
low pressure conveyance of water, steam, natural gas, air, and other 
liquids and gases in plumbing and heating systems, air conditioning 
units, automatic sprinkling systems, and other related uses, and 
generally meet ASTM A-53 specifications. Standard pipe may also be 
used for light load-bearing applications, such as for fence-tubing 
and as structural pipe tubing used for framing and support members 
for construction, or load-bearing purposes in the construction, 
shipbuilding, trucking, farm-equipment, and related industries. 
Unfinished conduit pipe is also included in the order.
    All carbon steel pipes and tubes within the physical description 
outlined above are included within the scope of the order, except 
line pipe, oil country tubular goods, boiler tubing, mechanical 
tubing, pipe and tube hollows for redraws, finished scaffolding, and 
finished conduit. Standard pipe that is dual or triple certified/
stenciled that enters the U.S. as line pipe of a kind or used for 
oil and gas pipelines is also not included in the scope of the 
order.
    Imports of the products covered by the order are currently 
classifiable under the following HTSUS subheadings, 7306.30.10.00, 
7306.30.50.85, 7306.30.50.90. Although the HTSUS subheadings are 
provided for convenience and customs purposes, our written 
description of the scope of the order is dispositive.\10\
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    \10\ See Continuation of Antidumping Duty Orders on Certain 
Circular Welded Carbon Steel Pipes and Tubes From Taiwan and 
Circular Welded Non-Alloy Steel Pipe From Taiwan, 71 FR 46447 
(August 14, 2006).
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Taiwan--Circular Welded Carbon Steel Pipes and Tubes (A-583-008)

    The products covered by the order are certain circular welded 
carbon steel pipes and tubes from Taiwan, which are defined as: 
welded carbon steel pipes and tubes, of circular cross section, with 
walls not thinner than 0.065 inch, and 0.375 inch or more but not 
over 4.5 inches in outside diameter, currently classified under 
HTSUS item numbers 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, and 
7306.30.50.55. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise covered by the order is dispositive.\11\
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    \11\ See Certain Circular Welded Carbon Steel Pipes and Tubes 
From Taiwan: Final Results of Antidumping Duty Administrative 
Review, 76 FR 63902 (October 14, 2011).
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[FR Doc. 2012-17372 Filed 7-16-12; 8:45 am]
BILLING CODE 3510-DS-P