[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Notices]
[Pages 30086-30088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13617]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-910, C-570-911]


Circular Welded Carbon-Quality Steel Pipe From the People's 
Republic of China: Continuation of Antidumping and Countervailing Duty 
Orders

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 International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD)

[[Page 30087]]

orders on circular welded carbon-quality steel pipe (CWP) from the 
People's Republic of China (China) would likely lead to continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, Commerce is publishing a notice of 
continuation of the AD and CVD orders.

DATES: Applicable June 26, 2019.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill (AD) or Ian Hamilton 
(CVD), AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3518 or (202) 
482-4798, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 22, 2008, Commerce published the AD and CVD orders on CWP 
from China.\1\ On November 1, 2018, Commerce initiated \2\ and the ITC 
instituted \3\ five-year (``sunset'') reviews of the AD and CVD orders 
on CWP from China, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act). As a result of its reviews, Commerce 
determined, pursuant to sections 751(c)(1) and 752(b) and (c) of the 
Act, that revocation of the CVD Order on CWP from China would be likely 
to lead to continuation or recurrence of countervailable subsidies and 
notified the ITC of the magnitude of the subsidy rates likely to 
prevail were the order revoked,\4\ and Commerce determined that 
revocation of the AD Order on CWP from China would likely lead to 
continuation or recurrence of dumping and notified the ITC of the 
magnitude of the margins of dumping likely to prevail were the order 
revoked.\5\
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    \1\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China: Notice of Amended Final Affirmative 
Countervailing Duty Determination and Notice of Countervailing Duty 
Order, 73 FR 42545 (July 22, 2008) (CVD Order); see also Notice of 
Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe 
from the People's Republic of China, 73 FR 42547 (July 22, 2008) (AD 
Order) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 54915 
(November 1, 2018) (Initiation).
    \3\ See Circular Welded Carbon-Quality Steel Pipe from China; 
Institution of Five-Year Reviews, 83 FR 54936 (November 1, 2018).
    \4\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China: Final Results of the Expedited Second 
Sunset Review of the Countervailing Duty Order, 84 FR 11050 (March 
25, 2019), and accompanying Issues and Decision Memorandum.
    \5\ See Circular Welded Carbon Quality Steel Pipe from the 
People's Republic of China: Final Results of the Expedited Second 
Sunset Review of the Antidumping Duty Order, 84 FR 15584 (April 16, 
2019) and accompanying Issues and Decision Memorandum.
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    On June 19, 2019, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely 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 Circular Welded Carbon-Quality Steel Pipe from China 
(Inv. Nos. 701-TA-447 and 731-TA-1116 (Second Review)), 84 FR 28588 
(June 19, 2019); see also Circular Welded Carbon-Quality Steel Pipe 
from China (Inv. Nos. 701-TA-447 and 731-TA-1116 (Second Review), 
USITC Publication 4901 (June 2019).
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Scope of the Orders

    The scope of these orders covers certain welded carbon quality 
steel pipes and tubes, of circular cross-section, and with an outside 
diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches 
(406.4 mm), whether or not stenciled, regardless of wall thickness, 
surface finish (e.g., black, galvanized, or painted), end finish (e.g., 
plain end, beveled end, grooved, threaded, or threaded and coupled), or 
industry specification (e.g., ASTM, proprietary, or other), generally 
known as standard pipe and structural pipe (they may also be referred 
to as circular, structural, or 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;
    (xii) 0.41 percent of titanium;
    (xiii) 0.15 percent of vanadium; or
    (xiv) 0.15 percent of zirconium.
    Standard pipe is made primarily to American Society for Testing and 
Materials (ASTM) specifications, but can be made to other 
specifications. Standard pipe is made primarily to ASTM specifications 
A-53, A-135, and A-795. Structural pipe is made primarily to ASTM 
specifications A-252 and A-500. Standard and structural pipe may also 
be produced to proprietary specifications rather than to industry 
specifications. This is often the case, for example, with fence tubing. 
Pipe multiple-stenciled to a standard and/or structural specification 
and to any other specification, such as the American Petroleum 
Institute (API) API-5L specification, is also covered by the scope of 
these orders 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 (50 mm) in outside diameter; 
has a galvanized and/or painted surface finish; or has a threaded and/
or coupled end finish. (The term ``painted'' does not include coatings 
to inhibit rust in transit, such as varnish, but includes coatings such 
as polyester.)
    The scope of these orders does not include: (a) Pipe suitable for 
use in boilers, superheaters, heat exchangers, condensers, refining 
furnaces and feedwater heaters, whether or not cold drawn; (b) 
mechanical tubing, whether or not cold-drawn; (c) finished electrical 
conduit; (d) finished scaffolding; (e) tube and pipe hollows for 
redrawing; (f) oil country tubular goods produced to API 
specifications; and (g) line pipe produced to only API specifications.
    The pipe products that are the subject of these orders are 
currently classifiable in HTSUS statistical reporting numbers 
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, 7306.50.10.00, 
7306.50.50.50, 7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 
7306.19.51.10, and 7306.19.51.50. However, the product description, and 
not the Harmonized Tariff Schedule of the United States (HTSUS) 
classification, is dispositive of whether merchandise imported into the 
United States falls within the scope of the orders.

Continuation of the Orders on CWP From China

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping, countervailable subsidies, and of material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the 
continuation of the Orders. U.S. Customs and Border Protection (CBP) 
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 the continuation of the 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 and 19 CFR 351.218(c)(2), 
Commerce

[[Page 30088]]

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.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and (d)(2) of the Act, and published in accordance 
with section 777(i) of the Act and 19 CFR 351.218(f)(4).

    Dated: June 20, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-13617 Filed 6-25-19; 8:45 am]
BILLING CODE 3510-DS-P