[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5402-5405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02316]


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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 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 
Duty Orders and Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the U.S. International Trade Commission (USITC) 
that revocation of the antidumping duty (AD) orders on certain welded 
carbon steel pipes and tubes (pipes and tubes) from India, Thailand, 
and Turkey; certain circular welded non-alloy steel pipe (non-alloy 
steel pipe) from Brazil, Mexico, the Republic of Korea (Korea), and 
Taiwan; and certain circular welded carbon steel pipes and tubes 
(circular pipes and tubes) from Taiwan would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of these AD orders. Additionally, as a result of the 
determination by Commerce and the ITC that revocation of the 
countervailing duty (CVD) order on certain welded carbon steel pipes 
and tubes from Turkey would likely lead to continuation or recurrence 
of countervailable subsidies and material injury to an industry in the 
United States, Commerce is publishing a notice of continuation of this 
CVD order.

DATES: Applicable February 7, 2018.

FOR FURTHER INFORMATION CONTACT: Joshua Poole at (202) 482-1293 or 
Jacqueline Arrowsmith at (202) 482-5255, AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2017, Commerce published the notice of initiation of the 
fourth sunset review of the AD orders on pipes and tubes from India, 
Thailand and Turkey; non-alloy steel pipe from Brazil, Mexico, Korea 
and Taiwan; and circular

[[Page 5403]]

pipes and tubes from Taiwan (collectively, AD Orders), and the CVD 
order on pipes and tubes from Turkey (CVD Order) pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\1\ On June 01, 
2017, the ITC instituted its reviews of the AD Orders and the CVD 
Order.\2\ Commerce conducted expedited sunset reviews of the AD Orders 
and the CVD Order.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 82 FR 
25599 (June 2, 2017) (Initiation).
    \2\ See Initiation of Five-Year Reviews, 82 FR 25328 (June 1, 
2017).
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    Commerce determined that revocation of the AD orders on pipes and 
tubes from India, Thailand, and Turkey would be likely to lead to 
continuation or recurrence of dumping and notified the ITC of the 
magnitude of the margins of dumping likely to prevail should the orders 
be revoked.\3\ Commerce also determined that revocation of the AD 
orders on non-alloy steel pipe from Brazil, Mexico, Korea, and Taiwan 
as well as the AD order on circular pipes and tubes from Taiwan would 
likely lead to continuation or recurrence of dumping and notified the 
ITC of the magnitude of margins of dumping likely to prevail should the 
orders be revoked.\4\ Additionally, Commerce determined that revocation 
of the CVD order on pipes and tubes from Turkey would likely lead to 
continuation or recurrence of countervailable subsidies and notified 
the ITC of the net countervailable subsidy rates likely to prevail 
should the CVD order be revoked.\5\
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    \3\ See Certain Welded Carbon Steel Pipes and Tubes from India, 
Thailand, and Turkey: Final Results of the Expedited Fourth Sunset 
Review of the Antidumping Duty Order, 82 FR 46485 (October 5, 2017).
    \4\ See 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 Expedited Fourth Sunset Reviews of the Antidumping Duty 
Order, 82 FR 46761 (October 6, 2017).
    \5\ See Circular Welded Carbon Steel Pipes and Tubes from 
Turkey: Final Results of Expedited Fourth Sunset Review of 
Countervailing Duty Order, 82 FR 46768 (October 6, 2017).
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    On January 24, 2018, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the AD 
orders on pipes and tubes from India, Thailand, and Turkey; the CVD 
order on pipes and tubes from Turkey; the AD orders on non-alloy steel 
pipe from Brazil, Mexico, Korea, and Taiwan; and the AD order on 
circular pipes and tubes from Taiwan would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.\6\
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    \6\ See Certain Circular Welded Pipe and Tube from Brazil, 
India, Korea, Mexico, Taiwan, Thailand, and Turkey; Determination 83 
FR 3366 (January 24, 2018), and ITC Publication titled Certain 
Circular Welded Pipe and Tube from Brazil, India, Korea, Mexico, 
Taiwan, Thailand, and Turkey: Investigation No. 731-TA-253 and 731-
TA-132, 252, 271, 273, 532-534, and 536 (Fourth Review) (January 
2018).
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Scope of the Orders

    See the Appendix to this notice.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD Orders and the CVD Order would likely lead to 
continuation or recurrence of dumping and countervailable subsidies and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, Commerce hereby orders the continuation 
of the AD orders on: (1) Pipes and tubes from India, Thailand, and 
Turkey; (2) non-alloy steel pipe from Brazil, Mexico, Korea, and 
Taiwan; (3) circular pipes and tubes from Taiwan; and (4) the CVD order 
on pipes and tubes from Turkey.
    U.S. Customs and Border Protection will continue to collect AD and 
CVD cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of continuation of 
these orders will be the date of publication in the Federal Register of 
this notice of continuation. Pursuant to section 751(c)(2) of the Act, 
Commerce intends to initiate the next five-year review of the orders 
not later than 30 days prior to the fifth anniversary of the effective 
date of continuation.
    These five-year sunset reviews 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: January 31, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Antidumping Duty Orders and Countervailing Duty Order

India--Certain Welded Carbon Steel Pipes and Tubes (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.\7\
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    \7\ 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--Certain Welded Carbon Steel Pipes and Tubes (A-549-502)

    The products covered by this order are certain circular welded 
carbon steel pipes and tubes from Thailand. The subject merchandise 
has an outside diameter of 0.375 inches or more, but not exceeding 
16 inches. These products, which are commonly referred to in the 
industry as ``standard pipe'' or ``structural tubing'' are 
hereinafter designated as ``pipes and tubes.'' The merchandise is 
classifiable under the Harmonized Tariff Schedule of the United 
States (HTSUS) item numbers 7306.30.1000, 7306.30.5025, 
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085 and 
7306.30.5090. Although the HTSUS subheadings are provided for 
convenience and purposes of U.S. Customs and Border Protection 
(CBP), the written description of the merchandise subject to the 
order is dispositive.\8\ \9\
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    \8\ 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).
    \9\ Circular Welded Carbon Steel Pipes and Tubes from Thailand: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2015-2016 82 FR 46961 (October 10, 
2017).
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Turkey--Certain Welded Carbon Steel Pipes and Tubes (A-489-501)

    The products covered by this order are welded carbon steel 
standard pipe and tube

[[Page 5404]]

products with an outside diameter of 0.375 inch or more but not over 
16 inches of any wall thickness, and are currently classified under 
the following Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings: 7306.30.1000, 7306.30.5025, 7306.30.5032, 
7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090.\10\ 
Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the merchandise under 
investigation is dispositive. These products, commonly referred to 
in the industry as standard pipe or tube, are produced to various 
ASTM specifications, most notably A-120, A-53 or A-135.
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    \10\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986). Note 
that the HTSUS did not exist at the time the order went into effect, 
so the references to the HTSUS numbers did not appear in the scope 
contained in the order.
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Turkey--Certain Circular Welded Carbon Steel Pipes and Tubes (C-489-
502)

    The products covered by this 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 
Harmonized Tariff Schedule of the United States (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.

Brazil--Certain Circular Welded Non-Alloy Steel Pipe (A-351-809)

    The products covered by this order are circular welded non-alloy 
steel pipes and tubes, of circular cross-section, not more than 
406.4 mm (16 inches) in outside diameter, regardless of wall 
thickness, 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 are intended for the low pressure conveyance of water, steam, 
natural gas, and other liquids and gases in plumbing and heating 
systems, air conditioning units, automatic sprinkler 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 reconstruction or load-bearing 
purposes in the construction, shipbuilding, trucking, farm 
equipment, and related industries. Unfinished conduit pipe is also 
included in this order. All carbon steel pipes and tubes within the 
physical description outlined above are included within the scope of 
this 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 used for oil or gas pipelines is also not included in this 
order. Imports of the products covered by this order are currently 
classifiable under the following Harmonized Tariff Schedule (HTS) 
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 the HTS subheadings are provided for convenience and 
customs purposes, our written description of the scope of this 
proceeding is dispositive.

Mexico--Certain Circular Welded Non-Alloy Steel Pipe (A-351-809)

    The products covered by this order 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, 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, and other liquids and gases in plumbing 
and heating systems, air conditioning units, automatic sprinkler 
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 reconstruction 
or load-bearing purposes in the construction, shipbuilding, 
trucking, farm equipment, and related industries. Unfinished conduit 
pipe is also included in these orders. All carbon steel pipes and 
tubes within the physical description outlined above are included 
within the scope of this 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 used for oil or gas pipelines is 
also not included in this order. Imports of the products covered by 
this order are currently classifiable under the following Harmonized 
Tariff Schedule (HTS) 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 the HTS subheadings are provided for 
convenience and customs purposes, our written description of the 
scope of these proceedings is dispositive.

Korea--Certain Circular Welded Non-Alloy Steel Pipe (A-580-809)

    The merchandise subject to this order is circular welded non-
alloy steel pipe and tube, of circular cross-section, not more than 
406.4mm (16 inches) in outside diameter, regardless of wall 
thickness, 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 sprinkler 
systems, and other related uses. 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 as support members for 
reconstruction or load-bearing purposes in the construction, 
shipbuilding, trucking, farm equipment, and other related 
industries. unfinished conduit pipe is also included in this order. 
All carbon-steel pipes and tubes within the physical description 
outlined above are included within the scope of this review except 
line pipe, oil-country tubular goods, boiler tubing, mechanical 
tubing, pipe and tube hollows for redraws, finished scaffolding, and 
finished conduit. In accordance with the Department's Final Negative 
Determination of Scope Inquiry on Certain Circular Welded Non-Alloy 
Steel Pipe and Tube from Brazil, the Republic of Korea, Mexico, and 
Venezuela (61 FR 11608, March 21, 1996), pipe certified to the API 
5L line-pipe specification and pipe certified to both the API 5L 
line-pipe specifications and the less-stringent ASTM A-53 standard-
pipe specifications, which falls within the physical parameters as 
outlined above, and entered as line pipe of a kind used for oil and 
gas pipelines is outside of the scope of the antidumping duty order. 
Imports of these products are currently classifiable under the 
following Harmonized Tariff Schedule (HTS) 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.

Taiwan--Certain Circular Welded Non-Alloy Steel Pipe (A-583-814)

    The products covered by this 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 this order.
    All carbon steel pipes and tubes within the physical description 
outlined above are included within the scope of this order, except 
line pipe, oil country tubular goods, boiler tubing, mechanical 
tubing, pipe and tube hollows for redraws, finished

[[Page 5405]]

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 this 
investigation.
    Imports of products covered by this order are currently 
classifiable under the following Harmonized Tariff Schedule (HTS) 
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, 7306.30.50.90. Although 
the HTS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.
    Imports of the products covered by this order are currently 
classifiable under the following Harmonized Tariff Schedule (HTS) 
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, 7306.30.50.90. Although 
the HTS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.

Taiwan--Certain Circular Welded Carbon Steel Pipes and Tubes (A-583-
008)

    The merchandise covered by this order is 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 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
7306.30.5025, 7306.30.5032, 7306.30.5040, and 7306.30.5055. Although 
the HTSUS subheading is provided for convenience and customs 
purposes, the written description of the merchandise under 
investigation is dispositive.\11\
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    \11\ The original order predated the HTSUS, and was accompanied 
by the following TSUSA numbers: 610.3231, 610.3232, 610.3241, and 
610.3244.

[FR Doc. 2018-02316 Filed 2-6-18; 8:45 am]
BILLING CODE 3510-DS-P