[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38815-38817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-850]


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

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) order on carbon and alloy 
seamless standard, line, and pressure pipe (over 4\1/2\ inches) (large 
diameter pipe) from Japan 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 this AD 
order.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1395.

SUPPLEMENTARY INFORMATION: 

Background

    On June 26, 2000, Commerce published in the Federal Register the AD 
order on large diameter pipe from Japan.\1\ On October 3, 2022, the ITC

[[Page 38816]]

instituted,\2\ and Commerce initiated,\3\ the fourth sunset review of 
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). As a result of its review, Commerce determined that 
revocation of the Order 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 Order 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) (Order).
    \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) (Initiation Notice).
    \4\ See Certain Large Diameter Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe from Japan: Final Results of the 
Expedited Sunset Review of the Antidumping Duty Order, 87 FR 80162 
(December 29, 2022) and accompanying Issues and Decision Memorandum.
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    On June 6, 2023, the ITC published its determination, pursuant to 
sections 751(c) of the Act, that revocation of the Order 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, 88 FR 37096 (June 6, 2023) (ITC Final 
Determination).
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Scope of the Order

    The products covered by this Order are large diameter seamless 
carbon and alloy (other than stainless) steel standard, line, and 
pressure pipes 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-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 Order also includes all 
other products used in standard, line, or pressure pipe applications 
and meeting the physical parameters described below, regardless of 
specification, with the exception of the exclusions discussed below. 
Specifically included within the scope of this Order are seamless pipes 
greater than 4.5 inches (114.3 mm) up to and including 16 inches (406.4 
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 this Order are currently classifiable 
under the subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 
7304.10.50.50, 7304.19.10.30, 7304.19.10.45, 7304.19.10.60, 
7304.19.50.50, 7304.31.60.10, 7304.31.60.50, 7304.39.00.04, 
7304.39.00.06, 7304.39.00.08, 7304.39.00.36, 7304.39.00.40, 
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.15, 
7304.51.50.45, 7304.51.50.60, 7304.59.20.30, 7304.59.20.55, 
7304.59.20.60, 7304.59.20.70, 7304.59.60.00, 7304.59.80.30, 
7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 
7304.59.80.55, 7304.59.80.60, 7304.59.80.65, and 7304.59.80.70 of the 
Harmonized Tariff Schedule of the United States (HTSUS).
    Specifications, Characteristics, and Uses: large diameter seamless 
pipe is used primarily for line applications such as oil, gas, or water 
pipeline, or utility distribution systems. 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 in large diameters is for use as oil and gas 
distribution lines for commercial applications. A more minor 
application for large diameter seamless pipes is for use in pressure 
piping systems by refineries, petrochemical plants, and chemical 
plants, as well as in power generation plants and in some oil field 
uses (on shore and off shore) such as for separator lines, gathering 
lines and metering runs. 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.
    The scope of this Order 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 exclusions discussed below, 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 this review. 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-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 this Order.

[[Page 38817]]

    Specifically excluded from the scope of this Order are: A. 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-589, ASTM A-795, and 
API 5L specifications and are not used in standard, line, or pressure 
pipe applications. B. Finished and unfinished oil country tubular goods 
(OCTG), 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. C. Products produced to the A-335 
specification unless they are used in an application that would 
normally utilize ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-
589, ASTM A-795, and API 5L specifications. D. Line and riser pipe for 
deepwater application, i.e., line and riser pipe that is (1) used in a 
deepwater application, which means for use in water depths of 1,500 
feet or more; (2) intended for use in and is actually used for a 
specific deepwater project; (3) rated for a specified minimum yield 
strength of not less than 60,000 psi; and (4) not identified or 
certified through the use of a monogram, stencil, or otherwise marked 
with an API specification (e.g., API 5L).
    With regard to the excluded products listed above, the Department 
will not instruct U.S. Customs and Border Protection (CBP) 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 utilized 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 a covered application 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-335 specification is being 
used in an A106 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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD Order 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 Order. 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 Order 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 the Order not later than 30 days prior to fifth anniversary of the 
date of the last determination by the Commission.
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    \6\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final 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

    This five-year (sunset) review and this notice are in accordance 
with sections 751(c) and 751(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 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12765 Filed 6-12-23; 8:45 am]
BILLING CODE 3510-DS-P