[Federal Register: November 26, 2002 (Volume 67, Number 228)]
[Notices]
[Page 70716-70717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no02-32]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-826]
Small Diameter Circular Seamless Carbon and Alloy Steel Standard,
Line and Pressure Pipe from Brazil: Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Rescission of Antidumping Duty Administrative Review.
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EFFECTIVE DATE: November 26, 2002.
FOR FURTHER INFORMATION CONTACT: Anya Naschak or Helen Kramer at (202)
482-6375 or (202) 482-0405, respectively; Antidumping and
Countervailing Duty Enforcement Group III, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, DC 20230.
SUMMARY: On September 25, 2002, in response to a request made by V&M do
Brasil S.A. (V&M), the Department of Commerce (the Department)
published in the Federal Register (67 FR 60210) a notice announcing the
initiation of an administrative review of the antidumping duty order on
seamless line and pressure pipe from Brazil. The review period is
August 1, 2001, to July 31, 2002. This review has now been rescinded
because V&M has withdrawn its request for review.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930, as amended (the
Act), by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department of Commerce's (the
Department's) regulations are references to the provisions codified at
19 CFR Part 351 (2002).
Scope of the Review
The scope of this review includes small diameter seamless carbon
and alloy standard, line and pressure pipes (seamless pipes) produced
to the ASTM A-335, ASTM A-106, ASTM A-53 and API 5L specifications and
meeting the physical parameters described below, regardless of
application. The scope of this order also includes all products used in
standard, line, or pressure pipe applications and meeting the physical
parameters below, regardless of specification, except glass-lined
seamless pressure pipe described below.
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 (hot-finished or cold-drawn), end
finish (plain end, bevelled 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 is 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 American
Society for Testing and Materials (ASTM) standard A-106 may be used in
temperatures of up to 1,000 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 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 triple
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, 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, and whether or
not also certified to a
[[Page 70717]]
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 A-335, A-106, 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 the scope of this review are: (1) boiler
tubing and mechanical tubing, if such products are not produced to A-
335, A-106, A-53 or API 5L specifications and are not used in standard,
line or pressure applications; (2) finished and unfinished 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; (3) redraw hollows for cold-drawing when used in the
production of cold-drawn pipe or tube; and (4) glass-lined pressure
pipes meeting the following specifications: 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 or manufacturing process (hot-finished or cold-drawn) that
(1) has been cut into lengths of six to 120 inches, (2) has had the
inside bore ground to a smooth surface, (3) has had multiple layers of
specially formulated corrosion resistant glass permanently baked on at
temperatures of 1,440 to 1,700 degrees Fahrenheit in thicknesses from
0.032 to 0.085 inch (40 to 80 mils), and (4) has flanges or other
forged stub ends welded on both ends of the pipe. The special corrosion
resistant glass referred to in this definition may be glass containing
by weight (1) 70 to 80 percent of an oxide of silicone, zirconium,
titanium or cerium (Oxide Group RO sub2), (2) 10 to 15 percent of an
oxide of sodium, potassium, or lithium (Oxide Group RO), (3) from a
trace amount to 5 percent of an oxide of either aluminum, cobalt, iron,
vanadium, or boron (Oxide Group R sub2 O sub3, or (4) from a trace
amount to 5 percent of a fluorine compound in which fluorine replaces
the oxygen in any one of the previously listed oxide groups. These
glass-lined pressure pipes are commonly manufactured for use in glass-
lined equipment systems for processing corrosive or reactive chemicals,
including acrylates, alkanolamines, herbicides, pesticides,
pharmaceuticals and solvents.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of this review
is dispositive.
Background:
On August 30, 2002, V&M (a producer and exporter of subject
merchandise) requested an administrative review of the antidumping duty
order on seamless pipe from Brazil published in the Federal Register on
August 3, 1995 (60 FR 39707). On September 25, 2002, the Department
published in the Federal Register (67 FR 60210) a notice of AInitiation
of Antidumping and Countervailing Duty Administrative Reviews@
initiating the administrative review. On October 30, 2002, V&M withdrew
its request for review. The applicable regulation, 19 CFR
351.213(d)(1), states that if a party that requested an administrative
review withdraws the request within 90 days of the publication of the
notice of initiation of the requested review, the Secretary will
rescind the review. Given that V&M was the only party to request the
administrative review, and the withdrawal request is timely, we are
rescinding this review of the antidumping duty order on seamless pipe
from Brazil covering the period August 1, 2001, to July 31, 2002.
This notice is issued and published in accordance with section
777(i) of the Act and 19 CFR 351.213(d)(4).
Dated: November 19, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-29991 Filed 11-25-02; 8:45 am]