Notice2023-12619
Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under 41/2 Inches) From Japan and Romania: Continuation of the Antidumping Duty Orders
Primary source
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Published
June 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on carbon and alloy seamless standard, line and pressure pipe (under 4\1/2\ inches) (small diameter pipe) from Japan and Romania would likely lead to the continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 113 (Tuesday, June 13, 2023)</title>
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[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Pages 38487-38489]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12619]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-851, A-485-805]
Carbon and Alloy Seamless Standard, Line and Pressure Pipe (Under
4\1/2\ Inches) From Japan and Romania: Continuation of the Antidumping
Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on carbon and alloy
seamless standard, line and pressure pipe (under 4\1/2\ inches) (small
diameter pipe) from Japan and Romania would likely lead to the
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of these AD orders.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4929.
SUPPLEMENTARY INFORMATION:
Background
On June 26 and August 10, 2000, respectively, Commerce published in
the Federal Register the AD orders on small diameter pipe from Japan
and Romania.\1\ On October 3, 2022, the ITC instituted \2\ and Commerce
initiated \3\ the fourth sunset reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its reviews, Commerce determined that revocation of the
Orders would likely lead to the continuation or recurrence of dumping,
and therefore, notified the ITC of the magnitude of the margins of
dumping likely to prevail should the Orders to be revoked.\4\
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\1\ See 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, 65 FR 39360 (June 26, 2000); and Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Small Diameter Carbon and Alloy Seamless
Standard, Line and Pressure Pipe from Romania, 65 FR 48963 (August
10, 2000) (collectively, Orders).
\2\ See Carbon and Alloy Seamless Standard, Line, and Pressure
Pipe from Japan and Romania; Institution of Five-Year Reviews, 87 FR
59821 (October 3, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 59779
(October 3, 2022).
\4\ See Carbon and Alloy Seamless Standard, Line and Pressure
Pipe (Under 4\1/2\ Inches) from Japan and Romania: Final Results of
the Expedited Fourth Sunset Reviews of the Antidumping Duty Orders,
88 FR 3970 (January 23, 2023).
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On June 6, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Carbon and Alloy Seamless Standard, Line, and Pressure
Pipe from Japan and Romania; Determination, 88 FR 37096 (June 6,
2023) (ITC Final Determination).
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Scope of the Orders
The products covered by these Orders include small diameter
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,
7304.19.10.20, 7304.19.50.20, 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
Harmonized Tariff Schedule of the United States (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.
[[Page 38488]]
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 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 the 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, 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 oil
country tubular goods (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, Commerce will
not instruct Customs to require end-use certification until such time
as the petitioner or other interested parties provide to Commerce 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 the petitioner, Commerce 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 under
these Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders. U.S. Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be June
6, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of these Orders not later than 30 days prior to the fifth anniversary
of the date of the last determination by the Commission.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with
[[Page 38489]]
section 777(i) of the Act, and 19 CFR 351.218(f)(4).
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\6\ See ITC Final Determination.
Dated: June 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12619 Filed 6-12-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 13, 2023.
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