[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41556-41558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14921]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-485-805]
Certain Small Diameter Carbon and Alloy Seamless Standard, Line
and Pressure Pipe From Romania: Final Results of Antidumping Duty
Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that S.C.
Silcotub S.A. (Silcotub), a producer/exporter of certain small diameter
carbon and alloy seamless standard, line and pressure pipe (small
diameter seamless pipe) from Romania, did not sell subject merchandise
at prices below normal value (NV) during the period of review (POR)
August 1, 2018 through July 31, 2019. In addition, Commerce determines
that ArcelorMittal Tubular Products Roman S.A. (ArcelorMittal) had no
shipments of subject merchandise during the POR.
DATES: Applicable July 10, 2020.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Samantha Kinney,
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
or (202) 482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 8, 2020, Commerce published in the Federal Register the
Preliminary Results of the administrative review of the antidumping
duty order on small diameter seamless pipe from Romania.\1\
[[Page 41557]]
This review covers two producers/exporters of subject merchandise,
Silcotub and ArcelorMittal. We invited parties to comment on the
Preliminary Results.\2\ No interested party submitted comments or a
request for a public hearing. Commerce conducted this administrative
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Certain Small Diameter Carbon and Alloy Seamless
Standard, Line and Pressure Pipe from Romania: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2018-2019, 85 FR 27359 (May 8, 2020)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Id., 85 FR at 27360.
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Scope of the Order \3\
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\3\ See 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) (the Order).
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The products covered by this Order are 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 this Order 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 this Order 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 this Order 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 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.
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 pipelines. 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 offshore) 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 this Order 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 this Order. 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, with the exception of the specific
exclusions discussed below, such products are covered by the scope of
this Order.
Specifically excluded from the scope of this Order is 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 OCTG
are excluded from the scope of this 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 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 petitioner or other
[[Page 41558]]
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
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 subject to
this scope is dispositive.
Changes Since the Preliminary Results
As no parties submitted comments on the margin calculation
methodology used in the Preliminary Results, Commerce made no
adjustments to that methodology in the final results of this review.
Final Results of the Review
As a result of this review, Commerce determines that a weighted-
average dumping margin of 0.00 percent exists for entries of subject
merchandise that were produced and/or exported by Silcotub during the
POR. In addition, after issuing the Preliminary Results, we received no
information that contradicted our preliminary finding of no shipments
with respect to ArcelorMittal.\4\ Therefore, for these final results,
we continue to find that Arcelor Mittal did not make shipments of the
subject merchandise to the United States during the POR.
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\4\ See Preliminary Results, 85 FR at 27359, and PDM at 5.
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Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results, pursuant to
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Because we
calculated a zero margin for Silcotub, we intend to instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Consistent with Commerce's clarification of its assessment practice,
because we determined that ArcelorMittal had no shipments of subject
merchandise to the United States during the POR, for entries of subject
merchandise during the POR produced, but not exported by,
ArcelorMittal, we will instruct CBP to liquidate any entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\5\
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\5\ For a full discussion, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May
6, 2003).
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We intend to issue instructions to CBP 15 days after the date of
publication of these final results.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of these final results for all shipments of
small diameter seamless pipe from Romania entered, or withdrawn from
warehouse, for consumption on or after the publication date as provided
by section 751(a)(2) of the Act: (1) The cash deposit rate for Silcotub
will be zero, and the cash deposit rate for ArcelorMittal will remain
unchanged from the rate assigned to it in the most recently completed
review of ArcelorMittal; (2) for merchandise exported by manufacturers
or exporters not covered in this review but covered in a completed
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
then the cash deposit rate will be the rate established for the most
recently-completed segment for the manufacturer of the merchandise; (4)
the cash deposit rate for all other manufacturers or exporters will
continue to be 13.06 percent, the all-others rate established in the
Order. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order (APO)
of their responsibility concerning the return or destruction of
proprietary information disclosed under the APO, 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 subject to sanction.
Notification to Interested Parties
We intend to issue and publish these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
351.221(b)(5).
Dated: July 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14921 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P