83 FR 8651 - Certain Small Diameter Seamless Carbon and Alloy Standard, Line and Pressure Pipe From Germany: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 40 (February 28, 2018)

As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain small diameter seamless carbon and alloy standard, line and pressure pipe (seamless pipe) from Germany would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order.

[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Notices]
[Pages 8651-8653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04172]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-820]


Certain Small Diameter Seamless Carbon and Alloy Standard, Line 
and Pressure Pipe From Germany: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on certain small diameter 
seamless carbon and alloy standard, line and pressure pipe (seamless 
pipe) from Germany would likely lead to a continuation or recurrence of 
dumping and material injury to an industry in the United States, 
Commerce is publishing a notice of continuation of the AD order.

DATES: Applicable February 28, 2018.

FOR FURTHER INFORMATION CONTACT: John McGowan, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3019.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2017, Commerce published the notice of initiation of 
the fourth sunset review of the AD order on seamless pipe from Germany, 
pursuant to section 751(c) of the Tariff Act of

[[Page 8652]]

1930, as amended (the Act).\1\ As a result of the review, Commerce 
determined that revocation of the AD order would likely lead to a 
continuation or recurrence of dumping.\2\ Commerce, therefore, notified 
the ITC of the magnitude of the dumping margins likely to prevail 
should the AD order be revoked. On February 20, 2018, the ITC published 
notice of its determination, pursuant to sections 751(c) and 752(a) of 
the Act, that revocation of the AD order on seamless pipe from Germany 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\3\
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 35748 
(August 1, 2017).
    \2\ See Certain Small Diameter Seamless Carbon and Alloy 
Standard, Line and Pressure Pipe from Germany: Final Results of the 
Expedited Fourth Sunset Review of the Antidumping Duty Order, 82 FR 
57577 (December 6, 2017) (Final Results).
    \3\ See Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from Germany: Investigation No. 731-TA-709 (Fourth 
Review), USITC Publication 4760 (February 2018); see also Seamless 
Carbon and Alloy Steel Standard, Line, and Pressure Pipe from 
Germany, 83 FR 7217 (February 20, 2018).
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Scope of the Order

    The scope of the order 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 the order also includes all products used in 
standard, line, or pressure pipe applications and meeting the physical 
parameters below, regardless of specification.
    For purposes of the order, 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, 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 the order are currently classifiable 
under subheadings 7304.19.10.20, 7304.19.50.20, 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 the order, 
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 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 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 the order 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 non-covered specification. Standard, line and 
pressure applications and the above-listed specifications are defining 
characteristics of the scope of the order. 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 the order.
    Specifically excluded from the order are 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. In addition, finished and unfinished oil country 
tubular goods (``OCTG'') are excluded from the scope of the order, 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 the scope when used in standard, line or pressure 
applications. Finally, also excluded from the order 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, the written description of the scope of this order is 
dispositive.

[[Page 8653]]

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the AD order on seamless 
pipe from Germany.
    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 
order will be the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act, 
Commerce intends to initiate the next five-year sunset review of the 
order not later than 30 days prior to the fifth anniversary of the 
effective date of continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: February 23, 2018.
Prentiss Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2018-04172 Filed 2-27-18; 8:45 am]
BILLING CODE 3510-DS-P