[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64478-64480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25959]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-852]


Circular Welded Carbon-Quality Steel Pipe From India: Final 
Determination of Sales at Less Than Fair Value

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

DATES: Effective Date: October 22, 2012.

SUMMARY: On June 1, 2012, the Department of Commerce (the Department) 
published the Preliminary Determination of sales at less than fair 
value (LTFV) in the antidumping investigation of circular welded 
carbon-quality steel pipe from India.\1\ The period of investigation 
(POI) is October 1, 2010, through September 30, 2011. No comments were 
received from interested parties, and we have made no changes to our 
Preliminary Determination. The Department continues to find that 
circular welded carbon-quality steel pipe from India is being, or is 
likely to be, sold in the United States at LTFV, as provided in section 
735 of the Tariff Act of 1930, as amended (the Act). The estimated 
margin of sales at LTFV is shown in the ``Final Determination Margin'' 
section of this notice.
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    \1\ See Circular Welded Carbon-Quality Steel Pipe From India: 
Preliminary Determination of Sales at Less Than Fair Value, 77 FR 
32562 (June 1, 2012) (``Preliminary Determination'').

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, 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-
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1131 or 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The only respondent in this investigation is Zenith Birla (India) 
Limited (previously known as Zenith Steel Pipes and Industries Ltd.) 
(Zenith).\2\ In response to a request by Zenith, the Department 
postponed the final determination until no later than 135 days after 
the publication of the Preliminary Determination in the Federal 
Register, or October 14, 2012.\3\ No interested parties submitted a 
case brief. The Department is not making any changes to the Preliminary 
Determination.
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    \2\ We noted in the Preliminary Determination that this 
investigation covers merchandise manufactured and/or exported by 
Zenith Steel Pipes and Industries Ltd., which was excluded from an 
existing antidumping duty order covering welded steel pipe and tube 
from India. We also noted nothing on the record of this 
investigation that contradicts our conclusion in the initiation of 
this investigation that Zenith Birla (India) Limited is the current 
name for the company formerly known as Zenith Steel Pipes and 
Industries, Ltd. See Preliminary Determination, 77 FR at 32562-63.
    \3\ See Circular Welded Carbon-Quality Steel Pipe From India: 
Postponement of Final Determination of Antidumping Duty 
Investigation, 77 FR 36257 (June 18, 2012). As October 14, 2012, is 
a Sunday, the signature day became the next business day, October 
15, 2012, in accordance with our practice. See Notice of 
Clarification: Application of ``Next Business Day'' Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, as Amended, 70 FR at 24533 (May 10, 2005).
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Scope of the Investigation

    At the time of the filing of the petition for this case, there was 
an existing antidumping duty order on welded steel pipe and tube from 
India. See Antidumping Duty Order; Certain Welded Carbon Steel Standard 
Pipes and Tubes From India, 51 FR 17384 (May 12, 1986). Therefore, the 
scope of this investigation covers merchandise manufactured and/or 
exported by Zenith Steel Pipes and Industries Ltd., and any successors-
in-interest to that company, which is the only company excluded from 
the 1986 order known to exist.
    This investigation covers welded carbon-quality steel pipes and 
tube, of circular cross-section, with an outside diameter (``O.D.'') 
not more than 16 inches (406.4 mm), regardless of wall thickness, 
surface finish (e.g., black, galvanized, or painted), end finish (plain 
end, beveled end, grooved, threaded, or threaded and coupled), or 
industry specification (e.g., American Society for Testing and 
Materials International (``ASTM''), proprietary, or other) generally 
known as standard pipe, fence pipe and tube, sprinkler pipe, and 
structural pipe (although subject product may also be referred to as 
mechanical tubing). Specifically, the term ``carbon quality'' includes 
products in which: (a) Iron predominates, by weight, over each of the 
other contained elements; (b) the carbon content is 2 percent or less, 
by weight; and (c) none of the elements listed below exceeds the 
quantity, by weight, as indicated:

(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;

[[Page 64479]]

(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium;
(xiv) 0.15 percent of zirconium.

    Subject pipe is ordinarily made to ASTM specifications A53, A135, 
and A795, but can also be made to other specifications. Structural pipe 
is made primarily to ASTM specifications A252 and A500. Standard and 
structural pipe may also be produced to proprietary specifications 
rather than to industry specifications. Fence tubing is included in the 
scope regardless of certification to a specification listed in the 
exclusions below, and can also be made to the ASTM A513 specification. 
Sprinkler pipe is designed for sprinkler fire suppression systems and 
may be made to industry specifications such as ASTM A53 or to 
proprietary specifications. These products are generally made to 
standard O.D. and wall thickness combinations. Pipe multi-stenciled to 
a standard and/or structural specification and to other specifications, 
such as American Petroleum Institute (``API'') API-5L specification, is 
also covered by the scope of this investigation when it meets the 
physical description set forth above, and also has one or more of the 
following characteristics: Is 32 feet in length or less; is less than 
2.0 inches (50mm) in outside diameter; has a galvanized and/or painted 
(e.g., polyester coated) surface finish; or has a threaded and/or 
coupled end finish.
    The scope of this investigation does not include: (a) Pipe suitable 
for use in boilers, superheaters, heat exchangers, refining furnaces 
and feedwater heaters, whether or not cold drawn; (b) finished 
electrical conduit; (c) finished scaffolding; \4\ (d) tube and pipe 
hollows for redrawing; (e) oil country tubular goods produced to API 
specifications; (f) line pipe produced to only API specifications; and 
(g) mechanical tubing, whether or not cold-drawn. However, products 
certified to ASTM mechanical tubing specifications are not excluded as 
mechanical tubing if they otherwise meet the standard sizes (e.g., 
outside diameter and wall thickness) of standard, structural, fence and 
sprinkler pipe. Also, products made to the following outside diameter 
and wall thickness combinations, which are recognized by the industry 
as typical for fence tubing, would not be excluded from the scope based 
solely on their being certified to ASTM mechanical tubing 
specifications:
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    \4\ Finished scaffolding is defined as component parts of a 
final, finished scaffolding that enters the United States 
unassembled as a ``kit.'' A ``kit'' is understood to mean a packaged 
combination of component parts that contain, at the time of 
importation, all the necessary component parts to fully assemble a 
final, finished scaffolding.

1.315 inch O.D. and 0.035 inch wall thickness (gage 20)
1.315 inch O.D. and 0.047 inch wall thickness (gage 18)
1.315 inch O.D. and 0.055 inch wall thickness (gage 17)
1.315 inch O.D. and 0.065 inch wall thickness (gage 16)
1.315 inch O.D. and 0.072 inch wall thickness (gage 15)
1.315 inch O.D. and 0.083 inch wall thickness (gage 14)
1.315 inch O.D. and 0.095 inch wall thickness (gage 13)
1.660 inch O.D. and 0.047 inch wall thickness (gage 18)
1.660 inch O.D. and 0.055 inch wall thickness (gage 17)
1.660 inch O.D. and 0.065 inch wall thickness (gage 16)
1.660 inch O.D. and 0.072 inch wall thickness (gage 15)
1.660 inch O.D. and 0.083 inch wall thickness (gage 14)
1.660 inch O.D. and 0.095 inch wall thickness (gage 13)
1.660 inch O.D. and 0.109 inch wall thickness (gage 12)
1.900 inch O.D. and 0.047 inch wall thickness (gage 18)
1.900 inch O.D. and 0.055 inch wall thickness (gage 17)
1.900 inch O.D. and 0.065 inch wall thickness (gage 16)
1.900 inch O.D. and 0.072 inch wall thickness (gage 15)
1.900 inch O.D. and 0.095 inch wall thickness (gage 13)
1.900 inch O.D. and 0.109 inch wall thickness (gage 12)
2.375 inch O.D. and 0.047 inch wall thickness (gage 18)
2.375 inch O.D. and 0.055 inch wall thickness (gage 17)
2.375 inch O.D. and 0.065 inch wall thickness (gage 16)
2.375 inch O.D. and 0.072 inch wall thickness (gage 15)
2.375 inch O.D. and 0.095 inch wall thickness (gage 13)
2.375 inch O.D. and 0.109 inch wall thickness (gage 12)
2.375 inch O.D. and 0.120 inch wall thickness (gage 11)
2.875 inch O.D. and 0.109 inch wall thickness (gage 12)
2.875 inch O.D. and 0.134 inch wall thickness (gage 10)
2.875 inch O.D. and 0.165 inch wall thickness (gage 8)
3.500 inch O.D. and 0.109 inch wall thickness (gage 12)
3.500 inch O.D. and 0.148 inch wall thickness (gage 9)
3.500 inch O.D. and 0.165 inch wall thickness (gage 8)
4.000 inch O.D. and 0.148 inch wall thickness (gage 9)
4.000 inch O.D. and 0.165 inch wall thickness (gage 8)
4.500 inch O.D. and 0.203 inch wall thickness (gage 7)

    The pipe subject to this investigation is currently classifiable in 
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical 
reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110, 
7306.19.5150, 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 7306.50.5050, 
and 7306.50.5070. However, the product description, and not the HTSUS 
classification, is dispositive of whether the merchandise imported into 
the United States falls within the scope of the investigation.

Adverse Facts Available

    For the final determination, we fully incorporate the analysis of 
Zenith's failure to cooperate as discussed in the Preliminary 
Determination and continue to find that the application of adverse 
facts available is warranted.\5\ No party commented on the Preliminary 
Determination, and our analysis remains unchanged. The Department 
corroborated the margin applied to Zenith in the Preliminary 
Determination.\6\
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    \5\ See Preliminary Determination, 77 FR at 32564-66 (discussing 
Zenith's persistent pattern of non-cooperation and the consequent 
application of adverse facts available).
    \6\ See Preliminary Determination, 77 FR at 32565-66.
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Final Determination Margin

    We determine that the below percentage margin exists for the 
following entity for the POI:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Zenith Birla (India) Limited (previously known as Zenith          48.43
 Steel Pipes and Industries Ltd.)..........................
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(b) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to continue to suspend 
liquidation of all entries of certain steel pipe from India 
manufactured and/or exported by Zenith that are entered, or withdrawn 
from warehouse, for consumption on or after June 1, 2012, the date of 
publication of the

[[Page 64480]]

Preliminary Notice. We will instruct CBP to require a cash deposit or 
the posting of a bond equal to the weighted-average margin, as 
indicated below, as follows: (1) The rate for Zenith will be the rate 
we have determined in this final determination, adjusted for the export 
subsidy portion of the Zenith's final margin in the companion 
countervailing duty (CVD) investigation of circular welded carbon-
quality steel pipe from India;\7\ (2) if the exporter is not a firm 
identified in this investigation but the manufacturer is Zenith, the 
rate will be the rate established for Zenith. These suspension-of-
liquidation instructions will remain in effect until further notice. 
Note that no ``all others'' deposit rate is required, because Zenith is 
the only manufacturer covered by the investigation.
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    \7\ See the companion CVD investigation of circular welded 
carbon-quality steel pipe from India dated concurrently with this 
notice.
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Notification Regarding APO

    This notice also serves as a reminder to the 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. Timely notification of return or 
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.
    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act.

    Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-25959 Filed 10-19-12; 8:45 am]
BILLING CODE 3510-DS-P