[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Pages 38487-38489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12619]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-851, A-485-805]


Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 
4\1/2\ Inches) From Japan and Romania: Continuation of the Antidumping 
Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on carbon and alloy 
seamless standard, line and pressure pipe (under 4\1/2\ inches) (small 
diameter pipe) from Japan and Romania would likely lead to the 
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.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Katherine Johnson, 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.

SUPPLEMENTARY INFORMATION:

Background

    On June 26 and August 10, 2000, respectively, Commerce published in 
the Federal Register the AD orders on small diameter pipe from Japan 
and Romania.\1\ On October 3, 2022, the ITC instituted \2\ and Commerce 
initiated \3\ the fourth sunset reviews of the Orders, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a 
result of its reviews, Commerce determined that revocation of the 
Orders would likely lead to the continuation or recurrence of dumping, 
and therefore, notified the ITC of the magnitude of the margins of 
dumping likely to prevail should the Orders to be revoked.\4\
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    \1\ See Notice of Antidumping Duty Orders: Certain Large 
Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe 
from Japan; and Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe from Japan and the Republic of 
South Africa, 65 FR 39360 (June 26, 2000); and 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) (collectively, Orders).
    \2\ See Carbon and Alloy Seamless Standard, Line, and Pressure 
Pipe from Japan and Romania; Institution of Five-Year Reviews, 87 FR 
59821 (October 3, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779 
(October 3, 2022).
    \4\ See Carbon and Alloy Seamless Standard, Line and Pressure 
Pipe (Under 4\1/2\ Inches) from Japan and Romania: Final Results of 
the Expedited Fourth Sunset Reviews of the Antidumping Duty Orders, 
88 FR 3970 (January 23, 2023).
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    On June 6, 2023, the ITC published its determination, 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.\5\
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    \5\ See Carbon and Alloy Seamless Standard, Line, and Pressure 
Pipe from Japan and Romania; Determination, 88 FR 37096 (June 6, 
2023) (ITC Final Determination).
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Scope of the Orders

    The products covered by these Orders include small diameter 
seamless carbon and alloy (other than stainless) steel standard, line, 
and pressure pipes and redraw hollows produced, or equivalent, to the 
ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, 
ASTM A-795, and the API 5L specifications and meeting the physical 
parameters described below, regardless of application. The scope of 
these Orders 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 of these Orders 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 seamless pipes subject to these Orders are currently 
classifiable under the subheadings 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).
    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 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.

[[Page 38488]]

    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 Orders includes all seamless pipe meeting the 
physical parameters described above and produced to one of the 
specifications listed above, regardless of application, with the 
exception of the specific exclusions discussed below, 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 Orders. 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, with the exception of the specific 
exclusions discussed below.
    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 Orders.
    Specifically excluded from the scope of these Orders 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 these 
Orders, 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, Commerce will 
not instruct Customs to require end-use certification until such time 
as the petitioner or other interested parties provide to Commerce 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 the petitioner, Commerce 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 under 
these Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping, 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 Orders. U.S. Customs and Border 
Protection will continue to collect AD 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 June 
6, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of these Orders not later than 30 days prior to the fifth anniversary 
of the date of the last determination by the Commission.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with

[[Page 38489]]

section 777(i) of the Act, and 19 CFR 351.218(f)(4).
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    \6\ See ITC Final Determination.

    Dated: June 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12619 Filed 6-12-23; 8:45 am]
BILLING CODE 3510-DS-P