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[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61840-61841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21395]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-421-6]

Circular Welded Non-Alloy Steel Pipe From China

Determination

    On the basis of information developed in the subject investigation, 
the United States International Trade Commission determines, pursuant 
to section 421(b)(1) of the Trade Act of 1974,\1\ that circular welded 
non-alloy steel pipe \2\ from the People's Republic of China is being 
imported into the United States in such increased quantities or under 
such conditions as to cause or threaten to cause market disruption to 
the domestic producers of like or directly competitive products.\3\ (70 
FR 58746, October 7, 2005).
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    \1\ 19 U.S.C. 2451(b)(1).
    \2\ The products subject to this investigation include certain 
welded carbon quality steel pipes and tubes, of circular cross-
section, with an outside diameter of 0.372 inches (9.45 mm) or more, 
but not more than 16 inches (406.4 mm), regardless of wall 
thickness, surface finish (black, galvanized, or painted), end 
finish (plain end, beveled end, grooved, threaded, or threaded and 
coupled), or industry specification (ASTM, proprietary, or other), 
generally known as standard pipe and structural pipe (they may also 
be referred to as structural or mechanical tubing). The term carbon 
quality steel may include certain low alloy steel imported as other 
alloy steel pipes and tubes.
    All pipe meeting the physical description set forth above that 
is used in, or intended for use in, standard and structural pipe 
applications is covered by the scope of this investigation. Standard 
pipe applications include the low-pressure conveyance of water, 
steam, natural gas, air and other liquids and gases in plumbing and 
heating systems, air conditioning units, automatic sprinkler 
systems, and other related uses. Standard pipe may also be used for 
light load-bearing and mechanical applications, such as for fence 
tubing, and as an intermediate product for protection of electrical 
wiring, such as conduit shells. Structural pipe is used in 
construction applications.
    Products not included in this investigation are mechanical 
tubing (whether or not cold-drawn) provided for in HTS subheading 
7306.30.50, tube and pipe hollows for redrawing provided for in HTS 
7306.30.5035, or finished electrical conduit provided for in HTS 
7306.30.5028. API line pipe used in oil or gas applications 
requiring API certifications is also not included in this 
investigation. Similarly, pipe produced to the API specifications 
for oil country tubular goods use are not included in this 
investigation.
    The subject imported products are currently provided for in the 
Harmonized Tariff Schedule of the United States (HTS) subheadings 
7306.30.10 and 7306.30.50. Specifically, the various HTS statistical 
reporting numbers under which the subject standard pipe has been 
provided for since January 1, 1992, are as follows: 7306.30.1000, 
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 
7306.30.5085, and 7306.30.5090. Although the HTS category is 
provided for convenience and Customs purposes, the written 
description of the merchandise under investigation is dispositive.
    Pipe multiple-stenciled to the ASTM A-53 specification and to 
any other specification, such as the API-fL or 5L X-42 
specifications, or single-certified pipe that enters under HTS 
subheading 7306.10.10, is covered by this investigation when used 
in, or intended for use in, one of the standard pipe applications 
listed above, regardless of the HTS category in which it is entered. 
Pipe shells that enter the United States under HTS subheading 
7306.30.50, including HTS statistical reporting number 7306.30.5028, 
are also covered by this investigation. The investigation also 
covers pipe used for the production of scaffolding (but does not 
include finished scaffolding).
    \3\ Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. 
Pearson make a negative determination.
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Recommendations on Proposed Remedies

    Chairman Stephen Koplan and Commissioner Charlotte R. Lane propose 
that the President impose an annual quota of 160,000 short tons on 
imports of circular welded non-alloy steel pipe from China for a three-
year period. They further recommend that, if applications are filed, 
the President direct the U.S. Department of Commerce and the U.S. 
Department of Labor to provide expedited consideration of trade 
adjustment assistance for firms and/or workers affected by the subject 
imports.
    Commissioner Jennifer A. Hillman and Commissioner Shara L. Aranoff 
propose that the President impose a tariff-rate quota for a period of 
three years on imports of circular welded non-alloy steel pipe from 
China as follows: 267,468 short tons in the first year of relief, 
280,841 short tons in the second year, and 308,925 short tons in the 
third year, with subject pipe entered within the quota subject to the 
current rate of duty of ``Free,'' and over-quota imports subject to a 
duty of 25 percent ad valorem. They further recommend that, if 
applications are filed, the President direct the U.S. Department of 
Commerce and the U.S. Department of Labor to provide expedited 
consideration of any petitions for trade adjustment assistance filed by 
firms or workers affected by the subject imports.

Background

    Following receipt of a petition, on August 2, 2005, on behalf of 
Allied Tube and Conduit Corp., Harvey, IL; IPSCO Tubulars, Inc., 
Camanche, IA; Maruichi American Corp., Santa Fe Springs, CA; Maverick 
Tube Corp., Chesterfield, MO;

[[Page 61841]]

Sharon Tube Co., Sharon, PA; Western Tube Conduit Corp., Long Beach, 
CA; Wheatland Tube Co., Wheatland, PA.; and the United Steelworkers of 
America, AFL-CIO, Pittsburgh, PA; the Commission instituted 
investigation No. TA-421-06, Circular Welded Non-Alloy Steel Pipe from 
China, under section 421(b) of the Act to determine whether circular 
welded non-alloy steel pipe from China is being imported into the 
United States in such increased quantities or under such conditions as 
to cause or threaten to cause market disruption to the domestic 
producers of like or directly competitive products.
    Notice of the institution of the Commission's investigation and of 
the scheduling of a public hearing to be held in connection therewith 
was given by posting a copy of the notice on the Commission's Web site 
(www.usitc.gov) and by publishing the notice in the Federal Register of 
August 10, 2005 (70 FR 46543). The hearing was held on September 16, 
2005 in Washington, DC; all persons who requested the opportunity were 
permitted to appear in person or by counsel.
    The views of the Commission are contained in USITC Publication 3807 
(October 2005), entitled Circular Welded Non-alloy Steel Pipe from 
China: Investigation No. TA-421-6.

    Issued: October 21, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-21395 Filed 10-25-05; 8:45 am]
BILLING CODE 7020-02-P
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