65 FR 49539 August 14, 2000 

[A-851-802]

 
Notice of Antidumping Duty Order: Certain Small Diameter Carbon 
and Alloy Seamless Standard, Line and Pressure Pipe From the Czech 
Republic

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 14, 2000.

FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Enforcement, 
Office 6, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0984.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``the Act'') by 
the Uruguay Round Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department of Commerce (``the 
Department'') regulations refer to the regulations codified at 19 CFR 
part 351 (2000).

Scope of Order

    For purposes of this order, the products covered are 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 American Petroleum Institute (API) 5L specifications and 
meeting the physical parameters described below, regardless of 
application. The scope of this order 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 this order is 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 this order are currently classifiable 
under the subheadings 7304.10.10.20, 7304.10.50.20, 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 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.
    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 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 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 this order. Therefore, seamless pipes 
meeting the physical description above, but not produced to the ASTM A-
53, ASTM A-

[[Page 49540]]

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, with the exception of the specific 
exclusions discussed below, such products are covered by the scope of 
this order.
    Specifically excluded from the scope of this order 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 OCTG 
are excluded from the scope of this order, 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, the Department 
will not instruct Customs 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 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 petitioner, the Department 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 subject to 
this scope is dispositive.

Antidumping Duty Order

    On August 3, 2000, in accordance with section 735(d) of the Act, 
the International Trade Administration (``ITC'') notified the 
Department that a U.S. industry is materially injured within the 
meaning of section 735(b)(1)(A) of the Act by reason of imports of 
certain small diameter carbon and alloy seamless standard, line and 
pressure pipe (``small diameter seamless pipe'') from the Czech 
Republic. In addition, the ITC found that critical circumstances do not 
exist.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct the United States Customs Service (``U.S. 
Customs'') to assess, upon further advice by the Department, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds the export price of the merchandise for all 
relevant entries of small diameter seamless pipe from the Czech 
Republic in the above-referenced antidumping duty order. These 
antidumping duties will be assessed on all unliquidated entries of 
imports of the subject merchandise that are entered, or withdrawn from 
warehouse, for consumption on or after February 4, 2000, the date of 
publication of the preliminary determination in the Federal Register. 
Because the ITC did not find that critical circumstances exist with 
respect to imports of small diameter seamless pipe from the Czech 
Republic, the Department will direct U.S. Customs to refund all cash 
deposits and release all bonds collected on imports of small diameter 
seamless pipe from the Czech Republic entered, or withdrawn from 
warehouse, during the 90-day period prior to the publication of the 
preliminary antidumping duty determination (i.e., from November 6, 
1999, through February 3, 2000). On or after the date of publication of 
this notice in the Federal Register, U.S. Customs officers must 
require, at the same time as importers would normally deposit estimated 
duties, cash deposits based on the rates listed below.

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Nova Hut, a.s..............................................        39.93
All Others.................................................        32.26
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
small diameter seamless pipe from the Czech Republic, pursuant to 
section 736(a) of the Act. Interested parties may contact the Central 
Records Unit, Room B-099 of the Main Commerce Building, for copies of 
an updated list of antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: August 8, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-20557 Filed 8-11-00; 8:45 am]
BILLING CODE 3510-DS-P