[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Notices]
[Pages 28007-28009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12726]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-805]


Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 
4.5 Inches) From Romania: Preliminary Determination of No Shipments; 
2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that there were no shipments of carbon and alloy seamless standard, 
line and pressure pipe (under 4.5 inches) (small diameter seamless 
pipe) from Romania during the period of review (POR) August 1, 2017 
through July 31, 2018. Interested parties are invited to comment on 
this preliminary determination of no shipments.

DATES: Applicable June 17, 2019.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Samantha Kinney, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 
or (202) 482-2285, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In response to Commerce's notice of opportunity to request an 
administrative review on small diameter seamless pipe from Romania,\1\ 
United States Steel Corporation (U.S. Steel) (the petitioner) timely 
requested an administrative review of the antidumping duty (AD) order 
on small diameter seamless pipe from Romania with respect to Silcotub 
S.A. (Silcotub), ArcelorMittal Tubular Products Roman S.A. 
(ArcelorMittal), SC TMK-Artrom S.A. (TMK-Artrom), and SC Tubinox 
S.A.\2\ Accordingly, in accordance with 19 CFR 351.221(c)(1)(i), we 
published a notice of initiation of an administrative review of the AD 
order on small diameter seamless pipe from Romania.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 38682 (August 7, 2018).
    \2\ See Petitioner's Letter, ``Carbon and Alloy Seamless 
Standard Line, and Pressure Pipe (Under 4\1/2\ Inches) from Romania: 
Request for Administrative Review of Antidumping Duty Order,'' dated 
August 30, 2018.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 50077 (October 4, 2018). The name of 
TMK Artrom S.A. was misspelled in the initiation notice. The correct 
spelling of the company name can be found in Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 83 FR 
57411 (November 15, 2018).
---------------------------------------------------------------------------

    In the Initiation Notice, Commerce notified the public that it 
intended to select respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports during the POR.\4\ Accordingly, 
we released the CBP entry data to all interested parties under an 
administrative protective order and requested comments regarding the 
data and respondent selection.\5\ The petitioner submitted comments and 
Silcotub submitted rebuttal comments.\6\
---------------------------------------------------------------------------

    \4\ Id.
    \5\ See Memorandum, ``Carbon and Alloy Seamless Standard Line 
and Pressure Pipe (Under 4.5 Inches) from Romania: Customs Data for 
Respondent Selection,'' dated October 4, 2018 (Customs Data). We 
note that the Customs Data showed no reviewable entries during the 
POR for S.C. Tubinox S.A.
    \6\ See Petitioner's letter, ``Carbon and Alloy Seamless 
Standard Line, and Pressure Pipe (Under 4.5 Inches) from Romania: 
Comments Regarding Respondent Selection,'' dated October 11, 2018; 
see also Silcotub's Letter, ``Carbon and Alloy Seamless Standard, 
Line, and Pressure Pipe (under 4.5 inches) from Romania: Rebuttal 
Comments Regarding Respondent Selection,'' dated October 16, 2018.
---------------------------------------------------------------------------

    We subsequently selected TMK-Artrom, the largest exporter and 
producer of the subject merchandise by volume, based on the CBP data, 
as the sole mandatory respondent in this review.\7\ In November 2018, 
we issued the AD questionnaire to TMK-Artrom, to which TMK-Artrom 
timely responded. Also in November 2018, Silcotub timely submitted a 
letter stating it had no shipments of subject merchandise during the 
POR.\8\ We transmitted a ``No-Shipment Inquiry'' to CBP regarding 
Silcotub and placed the results on the record of this review.\9\ 
Pursuant to this inquiry, we received information from CBP regarding 
entries of subject merchandise from Silcotub. In February 2019, we 
requested entry packages for shipments identified in the CBP data and 
placed the information on the record for comment.\10\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``2017-2018 Administrative Review of Carbon 
and Alloy Seamless Standard, Line and Pressure Pipe (Under 4.5 
Inches) from Romania: Respondent Selection,'' dated October 31, 
2018.
    \8\ See Silcotub's Letter, ``Carbon and Alloy Seamless Standard, 
Line, and Pressure Pipe (under 4.5 inches) from Romania: Notice of 
No Sales,'' dated November 2, 2018.
    \9\ See Memorandum, ``Carbon and alloy seamless standard, line 
and pressure pipe (under 4.5 inches) from Romania (A-485-805),'' 
dated March 7, 2019.
    \10\ See Memorandum, ``Request for U.S. Entry Documents--2017-
2018 Administrative Review of Carbon and Alloy Seamless Standard, 
Line and Pressure Pipe (Under 4.5 Inches) from Romania,'' dated 
February 5, 2019; see also Memorandum, ``2017-2018 Administrative 
Review of Carbon and Alloy Seamless Standard, Line and Pressure Pipe 
(Under 4.5 Inches) from Romania: Entry Documents Requested,'' dated 
March 26, 2019 (Entry Documents).
---------------------------------------------------------------------------

    Also in February 2019, the petitioner submitted a request for a 
partial withdrawal of administrative review with respect to TMK-
Artrom.\11\ Subsequently, we selected ArcelorMittal as a mandatory 
respondent \12\ and issued the AD questionnaire to this company. On 
March 4, 2019, we rescinded the administrative review with respect to 
TMK-Artrom.\13\
---------------------------------------------------------------------------

    \11\ See Petitioner's Letter, ``Carbon and Alloy Seamless 
Standard Line, and Pressure Pipe (Under 4.5 Inches) from Romania: 
Partial Withdrawal of Request for Administrative Review of 
Antidumping Order,'' dated February 13, 2019.
    \12\ See Memorandum, ``2017-2018 Administrative Review of Carbon 
and Alloy Seamless Standard, Line and Pressure Pipe (Under 4.5 
Inches) from Romania: Second Respondent Selection,'' dated February 
26, 2019.
    \13\ See Carbon and Alloy Seamless Standard, Line and Pressure 
Pipe (Under 4.5 Inches) From Romania: Partial Rescission of 
Antidumping Duty Administrative Review; 2017-2018, 42 FR 7345 (March 
4, 2019).
---------------------------------------------------------------------------

    On March 20, 2019, ArcelorMittal submitted a no shipment 
certification letter in response to Commerce's questionnaire.\14\ We 
transmitted a ``No-Shipment Inquiry'' to CBP with respect to this 
company and placed the response from CBP on the record.\15\ We received 
timely comments from Silcotub on the entry documents for shipments 
identified in the CBP data.\16\ The petitioner submitted pre-
preliminary comments on May 7, 2019.\17\ As CBP entry documents are 
business proprietary, our analysis of Silcotub's no shipment claim is 
contained in a

[[Page 28008]]

separate memorandum entitled ``No Shipment Certification--Silcotub 
S.A.'' \18\
---------------------------------------------------------------------------

    \14\ See ArcelorMittal's Letter, ``Antidumping Duty 
Administrative Review of Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe (under 4.5 inches) from Romania; ArcelorMittal 
Tubular Products Roman S.A.: Notice of No Sales,'' dated March 20, 
2019.
    \15\ See Memorandum, ``Carbon and alloy seamless standard, line 
and pressure pipe (under 4.5 inches) from Romania (A-485-805),'' 
dated April 24, 2019 (Customs Response for ArcelorMittal).
    \16\ See Silcotub's Letter, ``Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe (under 4\1/2\ inches) from Romania: 
Comments on CBP Entry Documentation,'' dated April 5, 2019.
    \17\ See Petitioner's Letter, ``Carbon and Alloy Seamless 
Standard Line, and Pressure Pipe (Under 4.5 Inches) from Romania: 
U.S. Steel's Pre-Preliminary Comments,'' dated May 7, 2019.
    \18\ See Memorandum, ``No Shipment Certification--Silcotub 
S.A.,'' dated concurrently with this memorandum (No Shipment 
Certification Memo) for further discussion of the petitioner's 
arguments.
---------------------------------------------------------------------------

Scope of the Order

    See the Appendix for a complete description of the Scope of the 
Order.

Preliminary Determination of No Shipments

    Based on record evidence, we preliminarily determine that 
ArcelorMittal and Silcotub had no shipments of subject merchandise 
during the POR. Because Silcotub's claim of no shipments during the POR 
involves business proprietary information, our analysis of the issue is 
contained in the No Shipment Certification Memo. With respect to 
ArcelorMittal, CBP stated that it did not find any shipments by the 
company during the POR.\19\
---------------------------------------------------------------------------

    \19\ See Customs Response for ArcelorMittal.
---------------------------------------------------------------------------

    Consistent with our practice, we find that it is not appropriate to 
rescind the review with respect to ArcelorMittal and Silcotub, but 
rather to complete the review and issue appropriate instructions to CBP 
based on the final results of this review.\20\
---------------------------------------------------------------------------

    \20\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\21\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\22\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.309(c)(1)(ii).
    \22\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    All submissions to Commerce must be filed electronically via ACCESS 
and must also be served on interested parties.\23\ An electronically 
filed document must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
on the date that the document is due.
---------------------------------------------------------------------------

    \23\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\24\ Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
---------------------------------------------------------------------------

    \24\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and 
19 CFR 351.213(h)(2), Commerce intends to issue the final results of 
this administrative review, including the results of its analysis of 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice.\25\
---------------------------------------------------------------------------

    \25\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    If we continue to find in the final results that ArcelorMittal and 
Silcotub had no shipments of subject merchandise, for entries of 
subject merchandise during the POR produced by ArcelorMittal and 
Silcotub for which these companies did not know that the merchandise 
was destined for the United States, we will instruct CBP to liquidate 
un-reviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\26\
---------------------------------------------------------------------------

    \26\ 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 the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rates for ArcelorMittal 
and Silcotub will remain unchanged from the rate assigned to them in 
the most recently completed review of those companies; (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; (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 most recently-completed segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 13.06 percent, the 
all-others rate established in the less-than-fair-value investigation. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary 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 double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: June 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Order

    The merchandise under review is 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 this review also includes all products used in 
standard, line, or pressure pipe applications and meeting the 
physical parameters described below, regardless of specification.

[[Page 28009]]

Specifically included within the scope of these reviews 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 under review is currently classifiable under 
items: 7304.10.10.20, 7304.10.50.20, 7304.19.10.20, 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 of the Harmonized Tariff Schedule 
of the United States (HTSUS). Although the HTSUS classification is 
provided for convenience and customs purposes, the written 
description of the merchandise under review 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 these reviews 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 these reviews. 
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 these reviews.
    Specifically excluded from the scope of these reviews 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 OCTG are excluded from the scope of these reviews, 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 Customs to require end-use 
certification until such time as 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.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the merchandise subject 
to this scope is dispositive.

[FR Doc. 2019-12726 Filed 6-14-19; 8:45 am]
BILLING CODE 3510-DS-P