39360 Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Notices

DEPARTMENT OF COMMERCE

International Trade Administration

[A–588–850, A–588–851, A–791–808]

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

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: June 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Charles Riggle at (202) 482–0650 or

Constance Handley at (202) 482–0631,

Import Administration, Room 1870,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW,

Washington, DC 20230.

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

(April 1999).

Scope of Orders

Large Diameter Carbon and Alloy

Seamless Standard, Line and Pressure

Pipe

For purposes of the large diameter

seamless pipe order, the products

covered 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 wallthickness, 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, 7304.31.60.50,

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, 7304.51.50.60,

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 order.

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,

Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Notices 39361

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.

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 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 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 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.

Small Diameter Carbon and Alloy

Seamless Standard, Line and Pressure

Pipe

For purposes of the small diameter

seamless pipe 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

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 wallthickness, 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, 7304.31.30.00,

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

39362 Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Notices

1Critical circumstances were not alleged in the

investigation of certain large diameter carbon and

alloy seamless standard line and pressure pipe from

Japan.

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 noncovered specification. Standard, line,

and pressure applications and the

above-listed specifications are defining

characteristics of the scope of these

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, with the

exception of the specific exclusions

discussed below, 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 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, 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 Orders

On June 16, 2000, in accordance with

section 735(d) of the Act, the

International Trade Commission (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 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 (South Africa).

In addition, with respect to imports of

subject merchandise from Japan, 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 or

constructed export price of the

merchandise for all relevant entries of

large and small diameter carbon and

alloy seamless standard, line and

pressure pipe from Japan and South

Africa. 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

December 14, 1999, the date of

publication of the preliminary

determinations in the Federal Register.

Because the ITC did not find that

critical circumstances exist with respect

to imports of certain small diameter

carbon and alloy seamless standard, line

and pressure pipe from Japan and South

Africa,1 the Department will direct U.S.

Customs to refund all cash deposits and

release all bonds, collected on imports

of those products entered, or withdrawn

from warehouse, during the 90-day

period prior to the publication of the

preliminary antidumping duty

determinations (i.e., from September 15,

1999, through December 13, 1999). 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.

Manufacturer/exporter Margin

(percent)

Japan—large diameter:

Nippon Steel Corporation .. 107.80

Kawasaki Steel Corporation ................................. 107.80

Sumitomo Metal Industries 107.80

All Others ........................... 68.88

Japan—small diameter:

Nippon Steel Corporation .. 106.07

Kawasaki Steel Corporation ................................. 106.07

Sumitomo Metal Industries 106.07

All Others ........................... 70.43

South Africa—small diameter:

Iscor Ltd. ............................ 43.51

All Others ........................... 40.17

This notice constitutes the

antidumping duty orders with respect to

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,

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.

These orders are published in

accordance with section 736(a) of the

Act and 19 CFR 351.211.

Dated: June 19, 2000.

Richard W. Moreland,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–16104 Filed 6–23–00; 8:45 am]

BILLING CODE 3510–DS–P