[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