Certain Pipe and Tube From Argentina, Brazil, Canada, India, Israel, Korea, Mexico, Singapore, Taiwan, Thailand, Turkey, and Venezuela

[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Notices]
[Pages 23679-23683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11011]

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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-253 and 271 (Review) and 731-TA-132, 252,
271, 273, 276-277, 296, 318, 409-410, 532-534, and 536-537 (Review)]

Certain Pipe and Tube From Argentina, Brazil, Canada, India,
Israel, Korea, Mexico, Singapore, Taiwan, Thailand, Turkey, and
Venezuela

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing
duty and antidumping duty orders on certain pipe and tube from
Argentina, Brazil,

[[Page 23680]]

Canada, India, Israel, Korea, Mexico, Singapore, Taiwan, Thailand,
Turkey, and Venezuela.

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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the
countervailing duty and antidumping duty orders on certain pipe and
tube from Argentina, Brazil, Canada, India, Israel, Korea, Mexico,
Singapore, Taiwan, Thailand, Turkey, and Venezuela would be likely to
lead to continuation or recurrence of material injury. Pursuant to
section 751(c)(2) of the Act, interested parties are requested to
respond to this notice by submitting the information specified below to
the Commission; ¹ to be assured of consideration, the
deadline for responses is June 22, 1999. Comments on the adequacy of
responses may be filed with the Commission by July 16, 1999.
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\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117-0016/USITC No. 99-5-005,
expiration date June 30, 1999. Public reporting burden for the
request is estimated to average 7 hours per response. Please send
comments regarding the accuracy of this burden estimate to the
Office of Investigations, U.S. International Trade Commission, 500 E
Street, SW, Washington, DC 20436.
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For further information concerning the conduct of these reviews and
rules of general application, consult the Commission's rules of
practice and procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are
published at 63 FR 30599, June 5, 1998, and may be downloaded from the
Commission's World Wide Web site at https://www.usitc.gov/rules.htm.

EFFECTIVE DATE: May 3, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera
Libeau (202-205-3176), Office of Investigations, U.S. International
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (https://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

On the dates listed below, the Department of Commerce issued
countervailing duty and antidumping duty orders on the subject imports:

----------------------------------------------------------------------------------------------------------------
Order date Product/Country Inv. No F.R. cite
----------------------------------------------------------------------------------------------------------------
5/7/84........................ Small diameter carbon steel pipe 731-TA-132 49 F.R. 19369
& tube/Taiwan.
3/7/86........................ Welded carbon steel pipe & tube/ 701-TA-253 51 F.R. 7984
Turkey.
3/7/86........................ Welded carbon steel line pipe/ 701-TA-253 51 F.R. 7984
Turkey.
3/11/86....................... Welded carbon steel pipe & tube/ 731-TA-252 51 F.R. 8341
Thailand.
5/12/86....................... Welded carbon steel pipe & tube/ 731-TA-271 51 F.R. 17384
India.
5/15/86....................... Welded carbon steel pipe & tube/ 731-TA-273 51 F.R. 17784
Turkey.
6/16/86....................... Oil country tubular goods/Canada 731-TA-276 51 F.R. 21782
6/18/86....................... Oil country tubular goods/Taiwan 731-TA-277 51 F.R. 22098
11/13/86...................... Small diameter standard & 731-TA-296 51 F.R. 41142
rectangular pipe & tube/
Singapore.
3/6/87........................ Oil country tubular goods/Israel 731-TA-318 52 F.R. 7000
3/6/87........................ Oil country tubular goods/Israel 701-TA-271 52 F.R. 6999
3/27/89....................... Light-walled rectangular tube/ 731-TA-410 54 F.R. 12467
Taiwan.
5/26/89....................... Light-walled rectangular tube/ 731-TA-409 54 F.R. 22794
Argentina.
11/2/92....................... Circular welded nonalloy steel 731-TA-532 57 F.R. 49453
pipe/Brazil.
11/2/92....................... Circular welded nonalloy steel 731-TA-533 57 F.R. 49453
pipe/Korea.
11/2/92....................... Circular welded nonalloy steel 731-TA-534 57 F.R. 49453
pipe/Mexico.
11/2/92....................... Circular welded nonalloy steel 731-TA-536 57 F.R. 49454
pipe/Taiwan.
11/2/92....................... Circular welded nonalloy steel 731-TA-537 57 F.R. 49453
pipe/Venezuela.
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The Commission is conducting reviews to determine whether revocation of
the orders would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably
foreseeable time. It will assess the adequacy of interested party
responses to this notice of institution to determine whether to conduct
full reviews or expedited reviews. The Commission's determinations in
any expedited reviews will be based on the facts available, which may
include information provided in response to this notice.

Definitions

The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are Argentina, Brazil,
Canada, India, Israel, Korea, Mexico, Singapore, Taiwan, Thailand,
Turkey, and Venezuela.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. The Domestic
Like Products the Commission defined in its original affirmative
determinations are listed below:

------------------------------------------------------------------------
Investigation Domestic like product
------------------------------------------------------------------------
Small diameter carbon steel One Domestic Like Product: circular
pipe and tube/Taiwan. welded carbon steel pipes and tubes with
an outside diameter of at least 0.375
inch but not more than 4.5 inches.

[[Page 23681]]

Welded carbon steel line pipe One Domestic Like Product: circular
and pipe and tube/Turkey. welded carbon steel standard pipes and
Welded carbon steel pipe and tubes with outside diameter of at least
tube/Thailand 0.375 inch but not more than 16 inches.
Welded carbon steel pipe and The countervailing duty determination
tube/India with respect to Turkey found a second
Domestic Like Product, defined as
circular welded carbon steel line pipes
and tubes with outside diameter of at
least 0.375 inch but not more than 16
inches.
Oil country tubular goods/ Two Domestic Like Products: (1) oil
Canada. country tubular goods (OCTG), i.e.,
Oil country tubular goods/ green tubes and finished, seamless and
Taiwan welded, casing and tubing, and (2) drill
pipe. Certain Commissioners defined the
Domestic Like Product differently. The
Commission examined the impact of the
subject imports on all OCTG because the
available data in the investigations did
not permit the identification of drill
pipe as a separate industry.
Oil country tubular goods/ One Domestic Like Product: all OCTG,
Israel. including drill pipe. Certain
Commissioners defined the Domestic Like
Product differently. The Commission
examined the impact of the subject
imports on all OCTG because the
available data in the investigations did
not permit the identification of drill
pipe as a separate industry.
Small diameter standard and One Domestic Like Product: rectangular
rectangular pipe and tube/ welded carbon steel pipes and tubes
Singapore. having less than 0.156 inch wall
Light-walled rectangular tube/ thickness.
Taiwan
Light-walled rectangular tube/
Argentina
Circular welded nonalloy One Domestic Like Product: standard and
steel pipe/Brazil. structural pipes and tubes, including
Circular welded nonalloy unfinished conduit pipe.
steel pipe/Korea
Circular welded nonalloy
steel pipe/Mexico
Circular welded nonalloy
steel pipe/Taiwan
Circular welded nonalloy
steel pipe/Venezuela
------------------------------------------------------------------------

For purposes of this notice, you should report information
separately on each of the following Domestic Like Products: (1)
Circular welded carbon steel pipes and tubes with an outside diameter
of at least 0.375 inch but not more than 4.5 inches, (2) circular
welded carbon steel standard pipes and tubes with outside diameter of
at least 0.375 inch but not more than 16 inches, (3) circular welded
carbon steel line pipes and tubes with outside diameter of at least
0.375 inch but not more than 16 inches, (4) OCTG excluding drill pipe,
i.e., green tubes and finished, seamless and welded, casing and tubing,
(5) drill pipe, (6) OCTG including drill pipe, (7) rectangular welded
carbon steel pipes and tubes having less than 0.156 inch wall
thickness, and (8) standard and structural pipes and tubes, including
unfinished conduit pipe.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. The Domestic Industries the
Commission defined in its original determinations are listed below:

------------------------------------------------------------------------
Investigation Domestic industry
------------------------------------------------------------------------
Small diameter carbon steel One Domestic Industry: producers of
pipe and tube/Taiwan. circular welded carbon steel pipes and
tubes with an outside diameter of at
least 0.375 inch but not more than 4.5
inches.
Welded carbon steel line pipe One Domestic Industry: producers of
and pipe and tube/Turkey. circular welded carbon steel standard
Welded carbon steel pipe and pipes and tubes with outside diameter of
tube/Thailand at least 0.375 inch but not more than 16
Welded carbon steel pipe and inches. The countervailing duty
tube/India determination with respect to Turkey
found a second Domestic Industry,
defined as producers of circular welded
carbon steel line pipes and tubes with
outside diameter of at least 0.375 inch
but not more than 16 inches.
Oil country tubular goods/ Two Domestic Industries: (1) producers of
Canada. OCTG, i.e., green tubes and finished,
Oil country tubular goods/ seamless and welded, casing and tubing,
Taiwan and (2) producers of drill pipe. Certain
Commissioners defined the Domestic
Industry differently. The Commission
examined the impact of the subject
imports on all OCTG because the
available data in the investigations did
not permit the identification of drill
pipe as a separate industry.
Oil country tubular goods/ One Domestic Industry: producers of all
Israel. OCTG, including drill pipe. Certain
Commissioners defined the Domestic
Industry differently. The Commission
examined the impact of the subject
imports on all OCTG because the
available data in the investigations did
not permit the identification of drill
pipe as a separate industry.
Small diameter standard and One Domestic Industry: producers of
rectangular pipe and tube/ rectangular welded carbon steel pipes
Singapore. and tubes having less than 0.156 inch
Light-walled rectangular tube/ wall thickness.
Taiwan
Light-walled rectangular tube/
Argentina
Circular welded nonalloy One Domestic Industry: producers of
steel pipe/Brazil. standard and structural pipes and tubes,
Circular welded nonalloy including unfinished conduit pipe.
steel pipe/Korea
Circular welded nonalloy
steel pipe/Mexico
Circular welded nonalloy
steel pipe/Taiwan
Circular welded nonalloy
steel pipe/Venezuela
------------------------------------------------------------------------

For purposes of this notice, you should report information
separately on each of the following Domestic Industries: (1) Producers
of circular welded carbon steel pipes and tubes with an outside
diameter of at least 0.375 inch but not more than 4.5 inches, (2)
producers of circular welded carbon steel standard pipes and tubes with
outside diameter of at least 0.375 inch but not more than 16 inches,
(3) producers of circular welded carbon

[[Page 23682]]

steel line pipes and tubes with outside diameter of at least 0.375 inch
but not more than 16 inches, (4) producers of OCTG excluding drill
pipe, i.e., green tubes and finished, seamless and welded, casing and
tubing, (5) producers of drill pipe, (6) producers of OCTG including
drill pipe, (7) producers of rectangular welded carbon steel pipes and
tubes having less than 0.156 inch wall thickness, and (8) producers of
standard and structural pipes and tubes, including unfinished conduit
pipe.
(5) The Order Date is the date that the countervailing duty and
antidumping duty orders under review became effective. In these
reviews, the Order Dates are as shown in the preceding tabulation.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.

Participation in the Reviews and Public Service List

Persons, including industrial users of the Subject Merchandise and,
if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11(b)(4) of the Commission's rules, no later than
21 days after publication of this notice in the Federal Register. The
Secretary will maintain a public service list containing the names and
addresses of all persons, or their representatives, who are parties to
the reviews.

Limited Disclosure of Business Proprietary Information (BPI) Under
an Administrative Protective Order (APO) and APO Service List

Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in these reviews available to authorized
applicants under the APO issued in the reviews, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. Sec. 1677(9), who are
parties to the reviews. A separate service list will be maintained by
the Secretary for those parties authorized to receive BPI under the
APO.

Certification

Pursuant to Sec. 207.3 of the Commission's rules, any person
submitting information to the Commission in connection with these
reviews must certify that the information is accurate and complete to
the best of the submitter's knowledge. In making the certification, the
submitter will be deemed to consent, unless otherwise specified, for
the Commission, its employees, and contract personnel to use the
information provided in any other reviews or investigations of the same
or comparable products which the Commission conducts under Title VII of
the Act, or in internal audits and investigations relating to the
programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.

Written Submissions

Pursuant to Sec. 207.61 of the Commission's rules, each interested
party response to this notice must provide the information specified
below. The deadline for filing such responses is June 22, 1999.
Pursuant to Sec. 207.62(b) of the Commission's rules, eligible parties
(as specified in Commission rule 207.62(b)(1)) may also file comments
concerning the adequacy of responses to the notice of institution and
whether the Commission should conduct expedited or full reviews. The
deadline for filing such comments is July 16, 1999. All written
submissions must conform with the provisions of Secs. 201.8 and 207.3
of the Commission's rules and any submissions that contain BPI must
also conform with the requirements of Secs. 201.6 and 207.7 of the
Commission's rules. The Commission's rules do not authorize filing of
submissions with the Secretary by facsimile or electronic means. Also,
in accordance with Secs. 201.16(c) and 207.3 of the Commission's rules,
each document filed by a party to the reviews must be served on all
other parties to the reviews (as identified by either the public or APO
service list as appropriate), and a certificate of service must
accompany the document (if you are not a party to the reviews you do
not need to serve your response).

Inability to Provide Requested Information

Pursuant to Sec. 207.61(c) of the Commission's rules, any
interested party that cannot furnish the information requested by this
notice in the requested form and manner shall notify the Commission at
the earliest possible time, provide a full explanation of why it cannot
provide the requested information, and indicate alternative forms in
which it can provide equivalent information. If an interested party
does not provide this notification (or the Commission finds the
explanation provided in the notification inadequate) and fails to
provide a complete response to this notice, the Commission may take an
adverse inference against the party pursuant to section 776(b) of the
Act in making its determinations in the reviews.

Information To Be Provided In Response to This Notice of
Institution

Please provide the requested information separately for each
Domestic Like Product, as defined above, and for each of the products
identified by Commerce as Subject Merchandise. If you are a domestic
producer, union/worker group, or trade/business association; import/
export Subject Merchandise from more than one Subject Country; or
produce Subject Merchandise in more than one Subject Country, you may
file a single response. If you do so, please ensure that your response
to each question includes the information requested for each pertinent
Subject Country. As used below, the term ``firm'' includes any related
firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product to which your response pertains,
a U.S. union or worker group, a U.S. importer of the Subject
Merchandise, a foreign producer or exporter of the Subject Merchandise,
a U.S. or foreign trade or business association, or another interested
party (including an explanation). If you are a union/worker group or
trade/business association, identify the firms in which your workers
are employed or which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
countervailing duty and antidumping duty orders on each Domestic
Industry for which you are filing a response in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
each Domestic Like Product for which you are filing a response.
Identify any

[[Page 23683]]

known related parties and the nature of the relationship as defined in
section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in the
Subject Countries that currently export or have exported Subject
Merchandise to the United States or other countries since the years the
petitions were filed. The Subject Merchandise, the Subject Countries,
and the years the petitions were filed are listed below:

------------------------------------------------------------------------
Subject merchandise/subject country Years
------------------------------------------------------------------------
Small diameter carbon steel pipe and tube/Taiwan............... 1983
Welded carbon steel pipe and tube/Turkey....................... 1985
Welded carbon steel line pipe/Turkey........................... 1985
Welded carbon steel pipe and tube/Thailand..................... 1985
Welded carbon steel pipe and tube/India........................ 1985
Welded carbon steel pipe and tube/Turkey....................... 1985
Oil country tubular goods/Canada............................... 1985
Oil country tubular goods/Taiwan............................... 1985
Small diameter standard and rectangular pipe and tube/Singapore 1985
Oil country tubular goods/Israel............................... 1986
Oil country tubular goods/Israel............................... 1986
Light-walled rectangular tube/Taiwan........................... 1988
Light-walled rectangular tube/Argentina........................ 1988
Circular welded nonalloy steel pipe/Brazil..................... 1991
Circular welded nonalloy steel pipe/Korea...................... 1991
Circular welded nonalloy steel pipe/Mexico..................... 1991
Circular welded nonalloy steel pipe/Taiwan..................... 1991
Circular welded nonalloy steel pipe/Venezuela.................. 1991
------------------------------------------------------------------------

(7) If you are a U.S. producer of a Domestic Like Product, provide
the following information separately on your firm's operations on each
product during calendar year 1998 (report quantity data in short tons
and value data in thousands of U.S. dollars, f.o.b. plant). If you are
a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of each Domestic Like Product
accounted for by your firm's(s'') production; and
(b) the quantity and value of U.S. commercial shipments of each
Domestic Like Product produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Countries,
provide the following information on your firm's(s'') operations on
that product during calendar year 1998 (report quantity data in short
tons and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis,
for the firms which are members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from the Subject Countries accounted for by your firm's(s'') imports;
and
(b) the quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from the Subject Countries.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Countries, provide the following information on your
firm's(s'') operations on that product during calendar year 1998
(report quantity data in short tons and value data in thousands of U.S.
dollars, landed and duty-paid at the U.S. port but not including
antidumping or countervailing duties). If you are a trade/business
association, provide the information, on an aggregate basis, for the
firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in the Subject
Countries accounted for by your firm's(s'') production; and
(b) the quantity and value of your firm's(s'') exports to the
United States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from the Subject Countries accounted for by your firm's(s'') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for each Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Countries since the Order Dates, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Countries, and such merchandise
from other countries.
(11) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.

Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.61 of the Commission's rules.

Issued: April 26, 1999.

By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-11011 Filed 4-30-99; 8:45 am]
BILLING CODE 7020-02-P

Certain Pipe and Tube From Argentina, Brazil, Canada, India, Israel, Korea, Mexico, Singapore, Taiwan, Thailand, Turkey, and Venezuela

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