[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57416-57418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18162]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-820]


Certain Small Diameter Seamless Carbon and Alloy Standard, Line 
and Pressure Pipe From Germany: Continuation of 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 certain small 
diameter seamless carbon and alloy standard, line and pressure pipe 
(seamless pipe) from Germany 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 this AD 
order.

DATES: Applicable August 16, 2023.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5760.

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 1995, Commerce published the AD order on seamless pipe 
from Germany.\1\ On January 3, 2023, the ITC instituted, and Commerce 
initiated, the fifth sunset review of the Order, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ Commerce 
conducted an expedited (120-day) sunset review of the Order, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). 
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.\3\
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    \1\ See Notice of Antidumping Duty Order and Amended Final 
Determination: Certain Small Diameter Seamless Carbon and Alloy 
Steel Standard, Line and Pressure Pipe from Germany, 60 FR 39704 
(August 3, 1995) (Order).
    \2\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from Germany; Institution of a Five-Year Review, 88 FR 
110 (January 3, 2023); and Initiation of Five-Year (Sunset) Reviews, 
88 FR 63, 64 (January 3, 2023).
    \3\  See Certain Small Diameter Seamless Carbon and Alloy 
Standard, Line and Pressure Pipe from Germany: Final Results of 
Expedited Fifth Sunset Review of the Antidumping Duty Order, 88 FR 
29890 (May 9, 2023), and accompanying Issues and Decision 
Memorandum.
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    On August 16, 2023, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) 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.\4\
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    \4\ See Certain Small Diameter Seamless Carbon and Alloy 
Standard, Line and Pressure Pipe from Germany; Determinations, 88 FR 
55721 (August 16, 2023).

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[[Page 57417]]

Scope of the Order

    The scope of this Order covers certain small diameter seamless 
carbon and alloy standard, line and pressure pipes produced to the ASTM 
A-335, ASTM A-106, ASTM A-53 and API 5L specifications and meeting the 
physical parameters described below, regardless of application. The 
scope of the Order also includes all products used in standard, line, 
or pressure pipe applications and meeting the physical parameters 
below, regardless of specification.
    For purposes of the Order, seamless pipes are seamless carbon and 
alloy (other than stainless) steel pipes, of circular cross-section, 
not more than 114.3 mm (4.5 inches) 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. These pipes are commonly known as standard 
pipe, line pipe or pressure pipe, depending upon the application. They 
may also be used in structural applications. Pipes produced in 
nonstandard wall thicknesses are commonly referred to as tubes.
    The merchandise subject to the Order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS), under HTSUS 
subheadings 7304.19.1020, 7304.19.5020, 7304.31.6050, 7304.3900.16, 
7304.3900.20, 7304.39.0024, 7304.39.0028, 7304.39.0032, 7304.51.5005, 
7304.51.5060, 7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020, 
and 7304.59.8025.
    The following information further defines the scope of the Order, 
which covers pipes meeting the physical parameters described above:
    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 American 
Society for Testing and Materials (ASTM) standard A-106 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 standard A-335 must be used if temperatures and stress 
levels exceed those allowed for A-106 and the ASME codes. 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.
    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 pipes are commonly 
produced and certified to meet ASTM A-106, ASTM A-53 and API 5L 
specifications. Such triple certification of pipes is common because 
all pipes meeting the stringent A-106 specification necessarily meet 
the API 5L and ASTM A-53 specifications. Pipes meeting the API 5L 
specification necessarily meet the ASTM A-53 specification. However, 
pipes meeting the A-53 or API 5L specifications do not necessarily meet 
the A-106 specification. To avoid maintaining separate production runs 
and separate inventories, manufacturers triple certify the pipes. 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 
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, A-106 pipes may be used in 
some boiler applications.
    The scope of the Order 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 the Order. Therefore, seamless pipes 
meeting the physical description above, but not produced to the A-335, 
A-106, A-53, or API 5L standards 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 A-106 applications. These specifications generally include A-
162, A-192, A-210, A-333, and A-524. When such pipes are used in a 
standard, line or pressure pipe application, such products are covered 
by the scope of the Order.
    Specifically excluded from the Order are boiler tubing and 
mechanical tubing, if such products are not produced to A- 335, A-106, 
A-53 or API 5L specifications and are not used in standard, line or 
pressure applications. In addition, finished and unfinished oil country 
tubular goods (OCTG) are excluded from the scope of the Order, if 
covered by the scope of another AD order from the same country. If not 
covered by such an OCTG order, finished and unfinished OCTG are 
included in the scope when used in standard, line or pressure 
applications. Finally, also excluded from the Order are redraw hollows 
for cold-drawing when used in the production of cold-drawn pipe or 
tube.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the scope of the Order is 
dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the 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 is August 16, 2023.\5\ Pursuant to 
section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends 
to initiate the next five-year review of the Order not later than 30 
days prior to the fifth anniversary of the effective date of 
continuation.
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    \5\ Id.
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Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the

[[Page 57418]]

return/destruction or conversion to judicial protective order 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 the APO is a sanctionable 
violation.

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: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-18162 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P