Federal Register / Vol. 66, No. 46 / Thursday, March 8, 2001 / Notices 13909

DEPARTMENT OF COMMERCE

International Trade Administration

[C–475–815]

Small Diameter Circular Seamless

Carbon and Alloy Steel Standard, Line

and Pressure Pipe From Italy; Final

Results of Full Sunset Review of

Countervailing Duty Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of full

sunset review: Small diameter circular

seamless carbon and alloy steel

standard, line and pressure pipe from

Italy.

SUMMARY: On October 27, 2000, the

Department of Commerce (‘‘the

Department’’) published in the Federal

Register (65 FR 64426) the preliminary

results of the full sunset review of the

countervailing duty order on small

diameter circular seamless carbon and

alloy steel standard, line and pressure

pipe (‘‘seamless pipe’’) from Italy,

pursuant to section 751(c) of the Tariff

Act of 1930, as amended (‘‘the Act’’).

We provided interested parties an

opportunity to comment on our

preliminary results and received

comments from domestic and

respondent interested parties. As a

result of this review, the Department

finds that revocation of the

countervailing duty order would be

likely to lead to continuation or

recurrence of a countervailable subsidy.

The net countervailable subsidy and the

nature of the subsidy are identified in

the Final Results of Review section of

this notice.

FOR FURTHER INFORMATION CONTACT:

Becky J. Hagen or James Maeder, Office

of Policy for Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th &

Constitution, NW., Washington, DC

20230; telephone: (202) 482–1277 or

(202) 482–3330, respectively.

EFFECTIVE DATE: March 8, 2001.

Statute and Regulations

These reviews were conducted

pursuant to sections 751(c) and 752 of

the Act. The Department’s procedures

for the conduct of sunset reviews are set

forth in Procedures for Conducting Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders, 63 FR 13516 (March 20, 1998)

(‘‘Sunset Regulations’’) and in 19 CFR

part 351 (1999) in general. Guidance on

methodological or analytical issues

relevant to the Department’s conduct of

sunset reviews is set forth in the

Department’s Policy Bulletin 98:3—

Policies Regarding the Conduct of FiveYear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders; Policy Bulletin, 63 FR 18871

(April 16, 1998) (‘‘Sunset Policy

Bulletin’’).

Scope of Review

The merchandise subject to this

review includes seamless pipes

produced to the American Society for

Testing and Materials (‘‘ASTM’’)

standards A–335, A–106, A–53, and

American Petroleum Institute (‘‘API’’)

standard API 5L specifications and

meeting the physical parameters

described below, regardless of

application. The scope of this review

also includes all products used in

standard, line, or pressure pipe

applications and meeting the physical

parameters below, regardless of

specification. For purposes of this

review, seamless pipes are seamless

carbon and alloy (other than stainless)

steel pipes, of circular cross-section, not

more than 114.3 mm (4.5 inches) in

outside diameter, regardless of wall

thickness, manufacturing process (hotfinished or cold-drawn), end finish

(plain end, beveled end, upset end,

threaded, or threaded and coupled), or

surface finish. These pipes are

commonly known as standard pipe, line

pipe, or pressure pipe, depending upon

the application. They may also be used

in structural applications. Pipes

produced in non-standard wall

thicknesses are commonly referred to as

tubes. The seamless pipes subject to this

review are currently classifiable under

subheadings 7304.10.10.20,

7304.10.50.20, 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

Harmonized Tariff Schedule of the

United States (‘‘HTSUS’’).

The following information further

defines the scope of this review, which

covers pipes meeting the physical

parameters described above:

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 standard A–106

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 standard A–

335 must be used if temperatures and

stress levels exceed those allowed for

A–106 and the ASME codes. 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.

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 pipes are

commonly produced and certified to

meet ASTM A–106, ASTM A–53 and

API 5L specifications. Such triple

certification of pipes is common

because all pipes meeting the stringent

ASTM A–106 specification necessarily

meet the API 5L and ASTM A–53

specifications. Pipes meeting the API 5L

specification necessarily meet the

ASTM A–53 specification. However,

pipes meeting the A–53 or API 5L

specifications do not necessarily meet

the A–106 specification. To avoid

maintaining separate production runs

and separate inventories, manufacturers

triple-certify the pipes. 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 triplecertified 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, 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

13910 Federal Register / Vol. 66, No. 46 / Thursday, March 8, 2001 / Notices

listed above, regardless of application,

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 this

review. Therefore, seamless pipes

meeting the physical description above,

but not produced to the ASTM A–335,

ASTM A–106, ASTM A–53, or API 5L

standards shall be covered if used in a

standard, line or pressure application.

For example, there are certain other

ASTM specifications of pipe which,

because of overlapping characteristics,

could potentially be used in A–106

applications. These specifications

generally include A–162, A–192, A–210,

A–333, and A–524. When such pipes

are used in a standard, line or pressure

pipe application, such products are

covered by the scope of this review.

Specifically excluded from this review

are boiler tubing and mechanical tubing,

if such products are not produced to

ASTM A–335, ASTM A–106, ASTM A–

53 or API 5L specifications and are not

used in standard, line or pressure

applications. In addition, finished and

unfinished oil country tubular goods

(‘‘OCTG’’) are excluded from the scope

of this review, 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. Finally, also excluded

from this review are redraw hollows for

cold-drawing when used in the

production of cold-drawn pipe or tube.

Although the HTSUS subheadings are

provided for convenience and customs

purposes, our written description of the

scope of this order is dispositive.

Background

On October 27, 2000, the Department

of Commerce (‘‘the Department’’)

published in the Federal Register a

notice of preliminary results of the full

sunset review of the countervailing duty

order on seamless pipe from Italy (65 FR

64426), pursuant to section 751(c) of the

Tariff Act of 1930, as amended (‘‘the

Act’’). In our preliminary results, we

found that revocation of the order

would likely result in continuation or

recurrence of a net countervailable

subsidy at the rate of 1.47 percent for all

Italian seamless pipe producers/

exporters.

On November 27, 2000, U.S. Steel

Group, a unit of USX Corporation, and

Vision Metals, Inc. (‘‘domestic

interested parties’’) requested a hearing

in the sunset review. On December 11,

2000, within the deadline specified in

19 CFR 351.309(c)(1)(i), we received a

case brief on behalf of Dalmine S.p.A

(‘‘Dalmine’’). On December 18, 2000,

domestic interested parties submitted a

rebuttal brief. On December 19, 2000,

domestic interested parties withdrew

their request for a hearing and the

Department canceled the hearing.

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this sunset

review are addressed in the ‘‘Issues and

Decision Memorandum’’ (‘‘Decision

Memorandum’’) from Jeffrey A. May,

Director, Office of Policy, Import

Administration, to Bernard T. Carreau,

Deputy Assistant Secretary, Import

Administration, dated February 28,

2001, which is hereby adopted by this

notice. The issues discussed in the

Decision Memorandum include the

automatic initiation of this sunset

review, the likelihood of continuation or

recurrence of countervailable subsidies,

and the net countervailable subsidy

likely to prevail were the order revoked.

Parties can find a complete discussion

of all issues raised in this review and

the corresponding recommendations in

this public memorandum, which is on

file in the Central Records Unit, room

B–099, of the main Commerce Building.

In addition, a complete version of the

Decision Memorandum can be accessed

directly on the Web at http://

ia.ita.doc.gov. The paper copy and

electronic version of the Decision

Memorandum are identical in content.

Final Results of Review

As a result of this review, the

Department finds that revocation of the

countervailing duty order on seamless

pipe from Italy would be likely to lead

to continuation or recurrence of a

countervailable subsidy at the rates

listed below:

Producer/exporter Margin

(percent):

All Italian producers/exporters ...... 1.47

This notice serves as the only

reminder to parties subject to

administrative protective order (‘‘APO’’)

of their responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR 351.305 of the

Department’s regulations. Timely

notification of return/destruction of

APO material or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of an APO is a

sanctionable violation.

This five-year (‘‘sunset’’) review and

notice are in accordance with sections

751(c), 752, and 777(i)(1) of the Act.

This notice is published pursuant to

section 703(c)(2) of the Act.

Dated: February 28, 2001.

Timothy J. Hauser,

Acting Under Secretary for International

Trade.

[FR Doc. 01–5630 Filed 3–7–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–475–817]

Oil Country Tubular Goods (‘‘OCTG’’)

From Italy; Final Results of Sunset

Review of Countervailing Duty Order

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of full

sunset review: Oil country tubular

goods (‘‘OCTG’’) from Italy.

SUMMARY: On October 30, 2000, the

Department of Commerce (‘‘the

Department’’) published a notice of

preliminary results of the full sunset

review of the countervailing duty order

on oil country tubular goods (‘‘OCTG’’)

from Italy (65 FR 64668) pursuant to

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

as amended (‘‘the Act’’). We provided

interested parties an opportunity to

comment on our preliminary results. We

received a case brief from respondent

interested party, Dalmine S.p.A.

(‘‘Dalmine’’). In addition, we received a

rebuttal brief from domestic interested

party, U.S. Steel Group, a unit of USX

Corp (‘‘U.S. Steel’’). As a result of this

review, the Department finds that

revocation of this order would be likely

to lead to continuation or recurrence of

subsidies at the levels indicated in the

Final Results of Review section of this

notice.

EFFECTIVE DATE: March 8, 2001.

FOR FURTHER INFORMATION CONTACT:

Martha Douthit or James P. Maeder,

Office of Policy for Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230;

telephone: (202) 482–5050 or (202) 482–

3330, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

This review is being conducted

pursuant to sections 751(c) and 752 of

the Act. The Department’s procedures

for the conduct of sunset reviews are set

forth in Procedures for Conducting FiveVerDate 11<MAY>2000 17:43 Mar 07, 2001 Jkt 194001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM pfrm08 PsN: 08MRN1