[Federal Register Volume 65, Number 123 (Monday, June 26, 2000)]
[Notices]
[Pages 39360-39362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16104]



[[Page 39360]]

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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 
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, 7304.31.60.50, 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,

[[Page 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 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 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

[[Page 39362]]

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 non-covered 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.
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    \1\ Critical circumstances were not alleged in the investigation 
of certain large diameter carbon and alloy seamless standard line 
and pressure pipe from Japan.

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (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