[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56809-56811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22738]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-820]


Certain Small Diameter Seamless Carbon and Alloy Steel Standard, 
Line, and Pressure Pipe From Germany: Continuation of Antidumping Duty 
Order

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


[[Page 56810]]


SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') and the U.S. International Trade 
Commission (``ITC'') that revocation of the antidumping duty order on 
certain small diameter seamless carbon and alloy steel standard, line, 
and pressure pipe (``seamless pipe'') from Germany would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of the antidumping duty order.

DATES: Effective Date: September 14, 2012.

FOR FURTHER INFORMATION CONTACT: Ericka Ukrow 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 3, 1995, the Department published the antidumping duty 
order on seamless pipe from Germany.\1\ On April 2, 2012, the 
Department and the ITC published notices of initiation of their third 
five-year (``sunset'') review of the antidumping duty order on seamless 
pipe from Germany.\2\
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    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination: Certain Small Diameter Seamless Carbon and Alloy 
Steel Standard, Line and Pressure Pipe From Germany, 60 FR 39704 
(August 3, 1995).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 19643 
(April 2, 2012) and Certain Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe From Germany; Institution of a 
Five-Year Review of the Antidumping Duty Order, 77 FR 19711 (April 
2, 2012).
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    As a result of this expedited sunset review, the Department 
determined that revocation of the antidumping duty order on seamless 
pipe from Germany would likely lead to continuation or recurrence of 
dumping and, therefore, notified the ITC of the magnitude of the 
margins of dumping likely to prevail should this order be revoked.\3\
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    \3\ See Certain Small Diameter Seamless Carbon and Alloy 
Standard, Line, and Pressure Pipe From Germany: Final Results of the 
Expedited Third Sunset Review of the Antidumping Duty Order, 77 FR 
46385 (August 3, 2012) and accompanying Issues and Decision 
Memorandum.
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    On September 6, 2012, the ITC published its determination in the 
Federal Register, pursuant to section 752(a) of the Tariff Act of 1930, 
as amended (``the Act''), that revocation of the antidumping duty order 
on seamless pipe from Germany would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\4\
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    \4\ See Certain Seamless Carbon and Alloy Steel; Standard, Line, 
and Pressure Pipe From Germany, 77 FR 54926 (September 6, 2012), and 
USITC Publication 4348 (August 2012), titled Certain Seamless Carbon 
and Alloy Steel Standard, Line, and Pressure Pipe From Germany 
(Investigation No. 731-TA-709 (Third Review)).
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Scope of the Order

    The scope of the order includes small diameter seamless carbon and 
alloy standard, line and pressure 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 the 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 the 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 the 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 the 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-

[[Page 56811]]

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, 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 the 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 the order.
    Specifically excluded from the 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 oil country 
tubular goods (``OCTG'') are excluded from the scope of the 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 the scope when used in standard, line or pressure 
applications. Finally, also excluded from the 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 the order is 
dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping and 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 antidumping duty 
order on seamless pipe from Germany.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty 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 this order will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, the Department intends to initiate the next 
sunset review of this order not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    This sunset review and this notice are in accordance with section 
751(c) of the Act and published pursuant to section 777(i)(1) of the 
Act.

    Dated: September 7, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-22738 Filed 9-13-12; 8:45 am]
BILLING CODE 3510-DS-P