Antidumping: Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan
Federal Register: June 30, 2009 (Volume 74, Number 124)
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From Japan: Rescission of Antidumping Duty
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 30, 2008, the U.S. Department of Commerce (the
Department) published a notice of initiation of an administrative review of the antidumping duty order on certain large diameter carbon and alloy seamless standard, line, and pressure pipe from Japan. The review covers four manufacturers/exporters: JFE Steel Corporation;
Nippon Steel Corporation; NKK Tubes; and Sumitomo Metal Industries,
Ltd. (SMI). The period of review (POR) is June 1, 2007, through May 31, 2008. Following the receipt of a certification of no shipments from all four respondents, we notified the domestic interested party of the
Department's intent to rescind this review and provided an opportunity to comment on the rescission. We received no comments. Therefore, we are rescinding this administrative review.
DATES: Effective Date: Insert date of publication in the Federal
FOR FURTHER INFORMATION CONTACT: Alexander Montoro, AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0238.
On June 30, 2007, United States Steel Corporation (U.S. Steel), a domestic producer of the subject merchandise, made a timely request that the Department conduct an administrative review of JFE Steel
Corporation, Nippon Steel Corporation, NKK Tubes, and SMI. On July 30, 2008, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), the Department published in the Federal Register a
notice initiating this review of the antidumping duty order on carbon and alloy seamless standard, line, and pressure pipe (over 4\1/2\ inches) from Japan for the period June 1, 2007, through May 31, 2008.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Request for Revocation in Part, and Deferral of Administrative
Review, 73 FR 44220 (July 30, 2008). On August 22, 2008, the Department issued its antidumping duty questionnaire to these four companies. On
September 2, 2008, NKK Tubes submitted a letter to the Department certifying that the company made no shipments or entries for consumption in the United States of the subject merchandise during the
POR. On September 8, 2008, JFE Steel Corporation also submitted a letter to the Department, certifying that the company made no shipments or entries for consumption in the United States of the subject merchandise during the POR. Finally, Nippon Steel Corporation and SMI submitted letters to the Department on September 9, 2008, and September 12, 2008, respectively, certifying that the companies made no shipments or entries for consumption in the United States of the subject merchandise during the POR.
Scope of the Order
The products covered by this review 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 review 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 review 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 review 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
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 review 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 review.
Specifically excluded from the scope of this review 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 the 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 A-106 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.
Rescission of the Administrative Review
As noted above, all four respondents submitted letters to the
Department indicating that they did not make any shipments or entries of subject merchandise to the United States during the POR. In response to the Department's query to CBP, CBP data showed subject merchandise manufactured by one of the respondent companies, SMI, was entered for consumption into the United States during the POR from third countries.
On February 19, 2009, the Department placed, on the record of this review, copies of the entry documents in question.
Additionally, on February 19, and April 29, 2009, the Department sent questionnaires to SMI and requested that SMI further substantiate its claim of no shipments. On March 27, and May 13, 2009, SMI provided the Department with responses, and explained in detail that it had no knowledge of the entries in question. On the basis of these documents and submissions, the Department has concluded that there is no evidence on the record that, at the time of sale, SMI had knowledge that these entries were destined for the United States, nor is there evidence that
SMI had knowledge that any of these entries of subject merchandise entered the United States during the POR. See Memorandum to the File, from Alexander Montoro, International Trade Compliance Analyst, through
Nancy Decker, Program Manager, AD/CVD Operations Office 1, entitled
``Intent to Rescind the Antidumping Duty Administrative Review on
Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and
Pressure Pipe from Japan,'' May 28, 2009 (Intent to Rescind Memo).
Specifically, subject merchandise produced by SMI entered the United
States during the POR under its antidumping case number, but this occurred without the company's knowledge by way of intermediaries. See
Intent to Rescind Memo. For JFE Steel Corporation, Nippon Steel
Corporation, and NKK Tubes, the CBP data showed no entries of subject merchandise into the United States during the POR. Thus, the Department found that the respondents' claims of no shipments or entries for consumption to be substantiated. On May 28, 2009, the Department notified interested parties of its intent to rescind this administrative review and gave parties until June 8, 2009, to provide comments. See Intent to Rescind Memo. No comments were received.
Based upon the certifications and the evidence on the record, we are satisfied that none of the respondents had shipments of subject merchandise to the United States during the POR. Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an administrative review, in whole or with respect to a particular exporter or producer, if the
Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise.
Therefore, the Department is rescinding this review in accordance with 19 CFR 351.213(d)(3).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment of Dumping Duties). This clarification will apply to entries of subject merchandise during the POR produced by the respondent company for which it did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate un- reviewed entries at the ``All Others'' rate if there is no rate for the intermediary involved in the transaction. See Assessment of Dumping
Duties for a full discussion of this clarification. The Department will issue liquidation instructions to CBP 15 days after the publication of this notice of rescission of review.
We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777 (i)(1) of the Act.
Dated: June 18, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
FR Doc. E9-15493 Filed 6-29-09; 8:45 am
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