[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Pages 22515-22517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11174]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-935


Certain Circular Welded Carbon Quality Steel Line Pipe from the 
People's Republic of China: Antidumping Duty Order

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

EFFECTIVE DATE: May 13, 2009.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on certain circular 
welded carbon quality steel line pipe from the People's Republic of 
China (PRC).

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Rebecca Pandolph, AD/
CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
2769 and 482-3627, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on March 31, 2009, the Department 
published in the Federal Register its final determination in the 
instant investigation. See Certain Circular Welded Carbon Quality Steel 
Line Pipe from the People's Republic of China: Final Determination of 
Sales at Less Than Fair Value, 74 FR 14514 (March 31, 2009).
    On May 6, 2009, the ITC notified the Department of its affirmative 
final determination of material injury to a U.S. industry. See Certain 
Circular Welded Carbon Quality Steel Line Pipe from China, 
Investigation No. 731-TA-1149 (Final), USITC Publication 4075 (May 
2009).

Scope of the Order

    The merchandise covered by this order is circular welded carbon 
quality steel pipe of a kind used for oil and gas pipelines (welded 
line pipe), not more than 406.4 mm (16 inches) in outside diameter, 
regardless of wall thickness, length, surface finish, end finish or 
stenciling.
    The term ``carbon quality steel'' includes both carbon steel and 
carbon steel mixed with small amounts of alloying elements that may 
exceed the individual weight limits for nonalloy steels imposed in the 
Harmonized Tariff Schedule of the United States (HTSUS). Specifically, 
the term ``carbon quality'' includes products in which (1) iron 
predominates by weight over each of the other contained elements, (2) 
the carbon content is 2 percent or less by weight and (3) none of the 
elements listed below exceeds the quantity by weight respectively 
indicated:
(i) 2.00 percent of manganese,
(ii) 2.25 percent of silicon,
(iii) 1.00 percent of copper,
(iv) 0.50 percent of aluminum,
(v) 1.25 percent of chromium,
(vi) 0.30 percent of cobalt,
(vii) 0.40 percent of lead,
(viii) 1.25 percent of nickel,
(ix) 0.30 percent of tungsten,
(x) 0.012 percent of boron,
(xi) 0.50 percent of molybdenum,
(xii) 0.15 percent of niobium,
(xiii) 0.41 percent of titanium,
(xiv) 0.15 percent of vanadium, or
(xv) 0.15 percent of zirconium.
    Welded line pipe is normally produced to specifications published 
by

[[Page 22516]]

the American Petroleum Institute (API) (or comparable foreign 
specifications) including API A-25, 5LA, 5LB, and X grades from 42 and 
above, and/or any other proprietary grades or non-graded material. 
Nevertheless, all pipe meeting the physical description set forth above 
that is of a kind used in oil and gas pipelines, including all 
multiple-stenciled pipe with an API welded line pipe stencil is covered 
by the scope of this order.
    Excluded from this scope are pipes of a kind used for oil and gas 
pipelines that are multiple-stenciled to a standard and/or structural 
specification and have one or more of the following characteristics: is 
32 feet in length or less; is less than 2.0 inches (50 mm) in outside 
diameter; has a galvanized and/or painted surface finish; or has a 
threaded and/or coupled end finish. (The term ``painted'' does not 
include coatings to inhibit rust in transit, such as varnish, but 
includes coatings such as polyester.)
    The welded line pipe products that are the subject of this order 
are currently classifiable in the HTSUS under subheadings 
7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this order is dispositive.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
ordered pursuant to an affirmative preliminary determination may not 
remain in effect for more than four months except where exporters 
representing a significant proportion of exports of the subject 
merchandise request the Department to extend that four-month period to 
no more than six months. At the request of an exporter that accounted 
for a significant proportion of exports of welded line pipe, we 
extended the four-month period to no more than six months. See Certain 
Circular Welded Carbon Quality Steel Line Pipe from the People's 
Republic of China: Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 73 FR 66012 (November 6, 
2008) (Preliminary Determination). In this investigation, the six-month 
period beginning on the date of the publication of the Preliminary 
Determination (i.e., November 6, 2008) ended on May 4, 2009.
    Section 737 of the Act states that definitive duties are to begin 
on the date of publication of the ITC's final injury determination. 
Therefore, in accordance with section 733(d) of the Act, we have 
instructed U.S. Customs and Border Protection (CBP) to terminate 
suspension of liquidation and to liquidate without regard to 
antidumping duties (i.e., release all bonds and refund all cash 
deposits), unliquidated entries of welded line pipe from the PRC 
entered, or withdrawn from warehouse, for consumption after May 4, 
2009, and before the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on or after the date of publication of the ITC's final injury 
determination in the Federal Register.

Antidumping Duty Order

    On May 6, 2009, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determination, pursuant to 
section 735(b)(1)(A)(i) of the Act, that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC. Therefore, in accordance with 
section 736(a)(1) of the Act, the Department will direct CBP to assess, 
upon further instruction 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 welded line 
pipe from the PRC. Except for the entries noted above,\1\ these 
antidumping duties will be assessed on all unliquidated entries of 
welded line pipe from the PRC entered, or withdrawn from the warehouse, 
for consumption on or after November 6, 2008, the date on which the 
Department published its Preliminary Determination. See Preliminary 
Determination.
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    \1\ Namely, entries of welded line pipe from the PRC entered, or 
withdrawn from warehouse, for consumption after May 4, 2009, and 
before the date of publication of the ITC's final injury 
determination in the Federal Register.
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    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on this merchandise, a cash 
deposit based on the estimated weighted-average antidumping duty 
margins listed below. The cash deposit rate for the exporter-producer 
combinations listed below will be 73.44 percent, which is equal to the 
estimated weighted-average antidumping duty margins for the exporter-
producer combinations, reduced by the export subsidy rate determined 
for Huludao Pipe in Circular Welded Carbon Quality Steel Line Pipe from 
the People's Republic of China: Notice of Amended Final Affirmative 
Countervailing Duty Determination and Notice of Countervailing Duty 
Order, 74 FR 4136 (January 23, 2009). The cash deposit rate for all 
exporter-producer combinations not listed below will be equal to the 
estimated weighted-average antidumping duty margin applicable to the 
combination. The ``PRC-wide'' rate applies to all exporters of subject 
merchandise not specifically listed. The weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
      Exporter & Producer                Weighted-Average Margin
------------------------------------------------------------------------
Huludao Steel Pipe Industrial
 Co., Ltd./....................
Huludao City Steel Pipe                                           73.87%
 Industrial Co., Ltd...........
        Produced by: Huludao
         Steel Pipe Industrial
         Co., Ltd. / Huludao
         City Steel Pipe
         Industrial Co., Ltd...
Pangang Group Beihai Steel Pipe                                   73.87%
 Corporation...................
        Produced by: Pangang
         Group Beihai Steel
         Pipe Corporation......
Jiangsu Yulong Steel Pipe Co.,                                    73.87%
 Ltd...........................
        Produced by: Jiangsu
         Yulong Steel Pipe Co.,
         Ltd...................
Tianjin Xingyuda Import and                                       73.87%
 Export Co., Ltd...............
        Produced by: Tianjin
         Lifengyuanda Steel
         Pipe Group Co., Ltd...
PRC-Wide Rate..................                                  101.10%
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[[Page 22517]]

    This notice constitutes the antidumping duty order with respect to 
welded line pipe from the PRC pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 1117 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: May 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-11174 Filed 5-12-09; 8:45 am]
BILLING CODE 3510-DS-S