[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63164-63166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24838]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-805]


Certain Small Diameter Carbon and Alloy Seamless Standard, Line 
and Pressure Pipe From Romania: Final Results of Antidumping Duty 
Administrative Review; 2011-2012

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

SUMMARY: On July 10, 2013, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain small diameter carbon and alloy 
seamless standard, line and pressure pipe from Romania. For the final 
results we continue to find that ArcelorMittal Tubular Products Roman 
S.A. (AMTP) has not sold subject merchandise at less than normal value 
and that entries of subject merchandise made by Canadian Natural 
Resources Limited (CNRL) should be liquidated without regard to 
antidumping duties.

DATES: Effective October 23, 2013.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Thomas Schauer, 
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-
0665, and (202) 482-0410, respectively.

Background

    On July 10, 2013, the Department published the preliminary results 
of the administrative review of the antidumping duty order on certain 
small diameter carbon and alloy seamless standard, line and pressure 
pipe from Romania.\1\ We invited interested parties to comment on the 
Preliminary Results. We received no comments. The Department has 
conducted this administrative review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe From Romania: Preliminary Results 
of Antidumping Duty Administrative Review; 2011-2012, 78 FR 41369 
(July 10, 2013) (Preliminary Results).
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Scope of the Order

    The products covered by the antidumping duty order include small 
diameter seamless carbon and alloy (other than stainless) steel 
standard, line, and pressure pipes and redraw hollows 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-335, 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 products used in 
standard, line, or pressure pipe applications and meeting the physical 
parameters described below, regardless of specification. Specifically 
included within the scope are seamless pipes and redraw hollows, less 
than or equal to 4.5 inches (114.3 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 merchandise subject to the order is typically classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 
7304.10.10.20, 7304.10.50.20, 7304.19.10.20,

[[Page 63165]]

7304.19.50.20, 7304.31.30.00, 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.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.
    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 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 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, ASTM A-106 pipes may be used 
in some boiler applications.
    Redraw hollows are any unfinished pipe or ``hollow profiles'' of 
carbon or alloy steel transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to enable the material to be sold 
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM 
A-589, ASTM A-795, and API 5L specifications.
    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 ASTM A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-
795, and API 5L specifications 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 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 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-335, ASTM A-589, ASTM A-795, 
and API 5L specifications and are not used in standard, line, or 
pressure pipe 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 this scope when used in standard, line, or 
pressure applications.
    With regard to the excluded products listed above, the Department 
will not instruct CBP to require end use certification until such time 
as the petitioner or other interested parties provide to the Department 
a reasonable basis to believe or suspect that the products are being 
used 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 covered applications 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-161 specification is being used in a standard, line or pressure 
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.

Final Results of the Review

    We have made no changes to our calculations announced in the 
Preliminary Results. As a result of our review, we determine that a 
weighted-average dumping margin of 0.00 percent exists for 
ArcelorMittal Tubular Products Roman S.A. for the period August 1, 
2011, through July 31, 2012.
    As discussed in the Preliminary Results, CNRL had no sales to 
unaffiliated customers in the United States, or to unaffiliated 
customers for exportation to the United States. Although CNRL entered 
subject merchandise for consumption during the period of review (POR), 
the merchandise was not sold in any form, either in the form as entered 
or as further manufactured; it was exported back to CNRL in Canada. As 
a result, consistent with our decision in OCTG

[[Page 63166]]

from Japan,\2\ antidumping duties would not be applied to CNRL's 
subject merchandise under current law and practice. Accordingly, we 
will instruct CBP to liquidate the entries at issue without regard to 
antidumping duties.
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    \2\ See Oil Country Tubular Goods From Japan: Preliminary 
Results and Rescission {sic{time}  in Part of Antidumping Duty 
Administrative Review, 64 FR 48589, 48590-91 (September 7, 1999) 
(OCTG from Japan).
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Assessment Rates

    In accordance with the Final Modification,\3\ the Department will 
instruct U.S. Customs and Border Protection (CBP) to liquidate entries 
for AMTP without regard to antidumping duties.
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    \3\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification).
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    Because we found that CNRL did not sell subject merchandise to an 
unaffiliated customer in the United States, or to unaffiliated 
customers for exportation to the United States, but exported all the 
subject merchandise back to CNRL in Canada, we will instruct CBP to 
liquidate its entries covered by this review without regard to 
antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by AMTP for which it did not know 
its merchandise was destined for the United States. In such instances, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction. For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of certain small diameter carbon and alloy seamless 
standard, line and pressure pipe from Romania entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for 
AMTP will be 0.00 percent, the weighted average dumping margin 
established in the final results of this administrative review; \4\ (2) 
for merchandise exported by manufacturers or exporters not covered in 
this review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original investigation but the manufacturer is, the cash deposit rate 
will be the rate established for the manufacturer of the merchandise 
for the most recently completed segment of this proceeding; (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 13.06 percent, the all-others rate established in Notice 
of Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Certain Small Diameter Carbon and Alloy 
Seamless Standard, Line and Pressure Pipe From Romania, 65 FR 48963 
(August 10, 2000). These cash deposit requirements shall remain in 
effect until further notice.

Notifications
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    \4\ We are not establishing a cash-deposit rate for CNRL because 
the merchandise exported by CNRL was not sold in any form. See 
``Final Results of Review'' section, above.
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    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to the 
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 the 
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.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-24838 Filed 10-22-13; 8:45 am]
BILLING CODE 3510-DS-P