Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 31249 

WOODEN BEDROOM FURNITURE FROM

THE PRC 

Exporter/producer 

Weightedaverage 

margin 

(percent) 

Shanghai Fangjia Industry Co., 

Ltd./Jiangsu Danyang Brilliant Furniture Co., Ltd .......... 0.00 

Disclosure and Public Comment 

The Department will disclose 

calculations performed for these 

preliminary results to the parties within 

five days of the date of publication of 

this notice in accordance with 19 CFR 

351.224(b). Interested parties may 

submit written comments no later than 

30 days after the date of publication of 

these preliminary results of review. See 

19 CFR 351.309(c). Rebuttals to written 

comments may be filed no later than 

five days after the written comments are 

filed. See 19 CFR 351.309(d). Further, 

parties submitting written comments 

and rebuttal comments are requested to 

provide the Department with an 

additional copy of those comments on 

diskette. Any interested party may 

request a hearing within 30 days of 

publication of these preliminary results. 

See 19 CFR 351.310(c). If requested, a 

hearing normally will be held two days 

after the scheduled date for submission 

of rebuttal comments. See 19 CFR 

351.310(d). 

The Department intends to issue the 

final results of this NSR, which will 

include the results of its analysis of any 

issues raised in written comments, 

within 90 days of the date on which 

these preliminary results are issued, in 

accordance with 19 CFR 351.214(i)(1), 

unless the time limit is extended. See 19 

CFR 351.214(i)(2). 

Assessment Rates 

Upon completion of the final results, 

pursuant to 19 CFR 351.212(b), the 

Department will determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

to CBP 15 days after the date of 

publication of the final results of 

review. If these preliminary results are 

adopted in our final results of review, 

the Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. Pursuant to 19 

CFR 351.212(b)(1), the Department will 

calculate importer-specific (or customer) 

ad valorem duty assessment rates based 

on the ratio of the total amount of the 

dumping margins calculated for the 

examined sales to the total entered 

value of those same sales. The 

Department will instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by this review if any 

importer-specific assessment rate 

calculated in the final results of this 

review is above de minimis. 

Cash Deposit Requirements 

On August 17, 2006, the Pension 

Protection Act of 2006 (‘‘H.R. 4’’) was 

signed into law. Section 1632 of H.R. 4 

temporarily suspends the authority of 

the Department to instruct CBP to 

collect a bond or other security in lieu 

of a cash deposit in NSRs. Therefore, the 

posting of a bond under section 

751(a)(1)(B)(iii) of the Act in lieu of a 

cash deposit is not available in this case. 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

NSR for shipments of subject 

merchandise from Fangjia entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided by section 751(a)(2)(C) 

of the Act: (1) For subject merchandise 

produced by Brilliant and exported by 

Fangjia, the cash deposit rate will be 

that established in the final results of 

this review; (2) for subject merchandise 

exported by Fangjia but not produced by 

Fangjia, the cash deposit rate will 

continue to be the PRC-wide rate of 

216.01 percent; (3) for subject 

merchandise exported by Fangjia and 

produced by Fangjia, the cash deposit 

rate will continue to be the PRC-wide 

rate of 216.01 percent; (4) for subject 

merchandise produced by Fangjia, and 

exported by any party but itself, the 

cash deposit rate will be the rate 

applicable to the exporter. These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Interested Parties 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this POR. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of double 

antidumping duties. 

The Department is issuing and 

publishing this determination in 

accordance with sections 751(a)(2)(B) 

and 777(i) of the Act, and 19 CFR 

351.214(h) and 351.221(b)(4). 

Dated: June 22, 2009. 

Ronald K Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–15495 Filed 6–29–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–850] 

Certain Large Diameter Carbon and 

Alloy Seamless Standard, Line, and 

Pressure Pipe From Japan: Rescission 

of Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 30, 2008, the U.S. 

Department of Commerce (the 

Department) published a notice of 

initiation of an administrative review of 

the antidumping duty order on certain 

large diameter carbon and alloy 

seamless standard, line, and pressure 

pipe from Japan. The review covers four 

manufacturers/exporters: JFE Steel 

Corporation; Nippon Steel Corporation; 

NKK Tubes; and Sumitomo Metal 

Industries, Ltd. (SMI). The period of 

review (POR) is June 1, 2007, through 

May 31, 2008. Following the receipt of 

a certification of no shipments from all 

four respondents, we notified the 

domestic interested party of the 

Department’s intent to rescind this 

review and provided an opportunity to 

comment on the rescission. We received 

no comments. Therefore, we are 

rescinding this administrative review. 

DATES: Effective Date: Insert date of 

publication in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Montoro, AD/CVD 

Operations, Office 1, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–0238. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 30, 2007, United States Steel 

Corporation (U.S. Steel), a domestic 

producer of the subject merchandise, 

made a timely request that the 

Department conduct an administrative 

review of JFE Steel Corporation, Nippon 

Steel Corporation, NKK Tubes, and SMI. 

On July 30, 2008, in accordance with 

section 751(a) of the Tariff Act of 1930, 

as amended (the Act), the Department 

published in the Federal Register a 


sroberts on PROD1PC70 with NOTICES6
31250 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 

notice initiating this review of the 

antidumping duty order on carbon and 

alloy seamless standard, line, and 

pressure pipe (over 41⁄2 inches) from 

Japan for the period June 1, 2007, 

through May 31, 2008. See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews, Request for 

Revocation in Part, and Deferral of 

Administrative Review, 73 FR 44220 

(July 30, 2008). On August 22, 2008, the 

Department issued its antidumping duty 

questionnaire to these four companies. 

On September 2, 2008, NKK Tubes 

submitted a letter to the Department 

certifying that the company made no 

shipments or entries for consumption in 

the United States of the subject 

merchandise during the POR. On 

September 8, 2008, JFE Steel 

Corporation also submitted a letter to 

the Department, certifying that the 

company made no shipments or entries 

for consumption in the United States of 

the subject merchandise during the 

POR. Finally, Nippon Steel Corporation 

and SMI submitted letters to the 

Department on September 9, 2008, and 

September 12, 2008, respectively, 

certifying that the companies made no 

shipments or entries for consumption in 

the United States of the subject 

merchandise during the POR. 

Scope of the Order 

The products covered by this review 

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 review 

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 review 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 

review are currently classifiable under 

the subheadings 7304.10.10.30, 

7304.10.10.45, 7304.10.10.60, 

7304.10.50.50, 7304.19.10.30, 

7304.19.10.45, 7304.19.10.60, 

7304.19.50.50, 7304.31.60.10, 

7304.31.60.50, 7304.39.00.04, 

7304.39.00.06, 7304.39.00.08, 

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, 7304.51.50.15, 

7304.51.50.45, 7304.51.50.60, 

7304.59.20.30, 7304.59.20.55, 

7304.59.20.60, 7304.59.20.70, 

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 review 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 

review. 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, 

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 


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Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 31251 

products are covered by the scope of 

this review. 

Specifically excluded from the scope 

of this review 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 U.S. Customs and Border 

Protection (CBP) 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 the 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. 

Rescission of the Administrative 

Review 

As noted above, all four respondents 

submitted letters to the Department 

indicating that they did not make any 

shipments or entries of subject 

merchandise to the United States during 

the POR. In response to the 

Department’s query to CBP, CBP data 

showed subject merchandise 

manufactured by one of the respondent 

companies, SMI, was entered for 

consumption into the United States 

during the POR from third countries. On 

February 19, 2009, the Department 

placed, on the record of this review, 

copies of the entry documents in 

question. 

Additionally, on February 19, and 

April 29, 2009, the Department sent 

questionnaires to SMI and requested 

that SMI further substantiate its claim of 

no shipments. On March 27, and May 

13, 2009, SMI provided the Department 

with responses, and explained in detail 

that it had no knowledge of the entries 

in question. On the basis of these 

documents and submissions, the 

Department has concluded that there is 

no evidence on the record that, at the 

time of sale, SMI had knowledge that 

these entries were destined for the 

United States, nor is there evidence that 

SMI had knowledge that any of these 

entries of subject merchandise entered 

the United States during the POR. See 

Memorandum to the File, from 

Alexander Montoro, International Trade 

Compliance Analyst, through Nancy 

Decker, Program Manager, AD/CVD 

Operations Office 1, entitled ‘‘Intent to 

Rescind the Antidumping Duty 

Administrative Review on Certain Large 

Diameter Carbon and Alloy Seamless 

Standard, Line, and Pressure Pipe from 

Japan,’’ May 28, 2009 (Intent to Rescind 

Memo). Specifically, subject 

merchandise produced by SMI entered 

the United States during the POR under 

its antidumping case number, but this 

occurred without the company’s 

knowledge by way of intermediaries. 

See Intent to Rescind Memo. For JFE 

Steel Corporation, Nippon Steel 

Corporation, and NKK Tubes, the CBP 

data showed no entries of subject 

merchandise into the United States 

during the POR. Thus, the Department 

found that the respondents’ claims of no 

shipments or entries for consumption to 

be substantiated. On May 28, 2009, the 

Department notified interested parties of 

its intent to rescind this administrative 

review and gave parties until June 8, 

2009, to provide comments. See Intent 

to Rescind Memo. No comments were 

received. 

Based upon the certifications and the 

evidence on the record, we are satisfied 

that none of the respondents had 

shipments of subject merchandise to the 

United States during the POR. Pursuant 

to 19 CFR 351.213(d)(3), the Department 

may rescind an administrative review, 

in whole or with respect to a particular 

exporter or producer, if the Secretary 

concludes that, during the period 

covered by the review, there were no 

entries, exports, or sales of the subject 

merchandise. Therefore, the Department 

is rescinding this review in accordance 

with 19 CFR 351.213(d)(3). 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment of 

Dumping Duties). This clarification will 

apply to entries of subject merchandise 

during the POR produced by the 

respondent company for which it did 

not know that the merchandise it sold 

to the intermediary (e.g., a reseller, 

trading company, or exporter) was 

destined for the United States. In such 

instances, we will instruct CBP to 

liquidate un-reviewed entries at the ‘‘All 

Others’’ rate if there is no rate for the 

intermediary involved in the 

transaction. See Assessment of Dumping 

Duties for a full discussion of this 

clarification. The Department will issue 

liquidation instructions to CBP 15 days 

after the publication of this notice of 

rescission of review. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777 (i)(1) of the Act. 

Dated: June 18, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–15493 Filed 6–29–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–832] 

Pure Magnesium From the People’s 

Republic of China: Initiation of 

Antidumping Duty New Shipper 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 


sroberts on PROD1PC70 with NOTICES6