Notice of Antidumping Duty Order: Circular Welded Carbon Quality ...

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Notice of Antidumping Duty Order: Circular Welded Carbon QualitySteel Pipe from the People's Republic of China

Released : Tuesday, July 22, 2008 8:18 AM
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Import Administration
Citation: "73 FR 42547"
Document Number: "A-570-910"
Page Number: "42547"
"Notices"
SUMMARY: Based on affirmative final determinations by theDepartment of Commerce (the "Department") and the InternationalTrade Commission ("ITC"), the Department is issuing an antidumpingduty order on circular welded carbon quality steel pipe ("CWP")from the People's Republic of China ("PRC"). On July 15, 2008, theITC notified the Department of its affirmative determination ofmaterial injury to a U.S. industry. See Circular Welded CarbonQuality Steel Pipe from China, Investigation Nos. 701-TA-447 and731-TA-1116 (Final), USITC Publication 4019 (July 2008).
EFFECTIVE DATE: July 22, 2008.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Maisha Cryor, Import Administration,International Trade Administration, U.S. Department of Commerce,14th Street and Constitution Avenue, NW, Washington, DC 20230;telephone: (202) 482-3936 or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION: In accordance with sections 735(d)and 777(i)(1) of the Tariff Act of 1930, as amended (the "Act"), onJune 5, 2008, the Department published the Notice of FinalDetermination of Sales at Less Than Fair Value and AffirmativeFinal Determination of Critical Circumstances: Circular WeldedCarbon Quality Steel Pipe from the People's Republic of China, 73FR 31970 (June 5, 2008) ("Final Determination").
Scope of Order
The merchandise subject to this proceeding is certain weldedcarbon quality steel pipes and tubes, of circular cross-section,and with an outside diameter of 0.372 inches (9.45 mm) or more, butnot more than 16 inches (406.4 mm), whether or not stenciled,regardless of wall thickness, surface finish (e.g., black,galvanized, or painted), end finish (e.g., plain end, beveled end,grooved, threaded, or threaded and coupled), or industryspecification (e.g., ASTM, proprietary, or other), generally knownas standard pipe and structural pipe (they may also be referred toas circular, structural, or mechanical tubing).
Specifically, the term "carbon quality" includes products inwhich (a) iron predominates, by weight, over each of the othercontained elements; (b) the carbon content is 2 percent or less, byweight; and (c) none of the elements listed below exceeds thequantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium; or
(xiv) 0.15 percent of zirconium.
Standard pipe is made primarily to American Society for Testingand Materials ("ASTM") specifications, but can be made to otherspecifications. Standard pipe is made primarily to ASTMspecifications A-53, A-135, and A-795. Structural pipe is madeprimarily to ASTM specifications A-252 and A-500. Standard andstructural pipe may also be produced to proprietary specificationsrather than to industry specifications. This is often the case, forexample, with fence tubing. Pipe multiple-stenciled to a standardand/or structural specification and to any other specification,such as the American Petroleum Institute ("API") API-5Lspecification, is also covered by the scope of this investigationwhen it meets the physical description set forth above and also hasone or more of the following characteristics: is 32 feet in lengthor less; is less than 2.0 inches (50 mm) in outside diameter; has agalvanized and/or painted surface finish; or has a threaded and/orcoupled end finish. (The term "painted" does not include coatingsto inhibit rust in transit, such as varnish, but includes coatingssuch as polyester.)
The scope of this investigation does not include: (a) pipesuitable for use in boilers, superheaters, heat exchangers,condensers, refining furnaces and feedwater heaters, whether or notcold drawn; (b) mechanical tubing, whether or not cold-drawn; (c)finished electrical conduit; (d) finished scaffolding; (e) tube andpipe hollows for redrawing; (f) oil country tubular goods producedto API specifications; and (g) line pipe produced to only APIspecifications.
The pipe products that are the subject of this investigation arecurrently classifiable in HTSUS statistical reporting numbers7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40,7306.30.50.55, 7306.30.50.85, 7306.30.50.90, 7306.50.10.00,7306.50.50.50, 7306.50.50.70, 7306.19.10.10, 7306.19.10.50,7306.19.51.10, and 7306.19.51.50. However, the product description,and not the Harmonized Tariff Schedule of the United States("HTSUS") classification, is dispositive of whether merchandiseimported into the United States falls within the scope of theinvestigation.
Antidumping Duty Order
On July 15, 2008, in accordance with section 735(d) of the Act,the ITC notified the Department of its final determination,pursuant to section 735(b)(1)(A)(i) of the Act, that an industry inthe United States is materially injured by reason ofless-than-fair-value imports of subject merchandise from the PRC.Therefore, in accordance with section 736(a)(1) of the Act, theDepartment will direct U.S. Customs and Border Protection ("CBP")to assess, upon further instruction by the Department, antidumpingduties equal to the amount by which the normal value of themerchandise exceeds the export price (or constructed export price)of the merchandise for all relevant entries of CWP from the PRC.These antidumping duties will be assessed on all unliquidatedentries of CWP, except for entries of merchandise exported andproduced by Jiangsu Yulong Steel Pipe Co., Ltd. ("Yulong"), fromthe PRC entered, or withdrawn from the warehouse, for consumptionon or after January 15, 2008, the date on which the Departmentpublished its preliminary determination. See Circular Welded CarbonQuality Steel Pipe from the People's Republic of China: Notice ofPreliminary Determination of Sales at Less Than Fair Value andPostponement of Final Determination, 73 FR 2445 (January 15, 2008)("Preliminary Determination "). Antidumping duties will be assessedon all unliquidated entries of subject merchandise exported byYulong entered, or withdrawn from warehouse, for consumption on orafter April 24, 2008, the date on which the Department publishedthe amended preliminary determination. See Amended PreliminaryDetermination of Sales at Less Than Fair Value: Circular WeldedCarbon Quality Steel Pipe From the People's Republic of China, 73FR 22130 (April 24, 2008) ("Amended Preliminary Determination ").
With regard to the ITC's negative critical circumstancesdetermination, we will instruct CBP to lift suspension, release anybond or other security, and refund any cash deposit made to securethe payment of antidumping duties with respect to entries of themerchandise entered, or withdrawn from warehouse, for consumptionon or after October 17, 2007, but before January 15, 2008 (i.e.,the 90 days prior to the date of publication of the PreliminaryDetermination). In specific regard to Yulong, we will instruct CBPto lift suspension, release any bond or other security, and refundany cash deposit made to secure the payment of antidumping dutieswith respect to entries of the merchandise entered, or withdrawnfrom warehouse, for consumption on or after January 25, 2008, butbefore April 24, 2008 (i.e., the 90 days prior to the date ofpublication of the Amended Preliminary Determination).
Section 733(d) of the Act states that instructions issuedpursuant to an affirmative preliminary determination may not remainin effect for more than four months except where exportersrepresenting a significant proportion of exports of the subjectmerchandise request the Department to extend that four-month periodto no more than six months. At the request of exporters thataccount for a significant proportion of CWP, we extended thefour-month period to no more than six months. See PreliminaryDetermination, 73 FR at 2446. In this investigation, the six-monthperiod beginning on the date of the publication of the PreliminaryDetermination (i.e., January 15, 2008) ends on July 13, 2008.Furthermore, section 737 of the Act states that definitive dutiesare to begin on the date of publication of the ITC's final injurydetermination. Therefore, in accordance with section 733(d) of theAct and our practice, we will instruct CBP to terminate thesuspension of liquidation and to liquidate, without regard toantidumping duties, unliquidated entries of CWP from the PRCentered, or withdrawn from warehouse, for consumption after July13, 2008, and before the date of publication of the ITC's finalinjury determination in the Federal Register. Suspension ofliquidation will continue on or after the date of publication ofthe ITC's final injury determination in the Federal Register.
Effective on the date of publication of the ITC's finalaffirmative injury determination, CBP, pursuant to section735(c)(3) of the Act, will require, at the same time as importerswould normally deposit estimated duties on this merchandise, a cashdeposit equal to the estimated weighted-average antidumping dutymargins as listed below. The "PRC-wide" rate applies to allexporters of subject merchandise not specifically listed. Theweighted-average dumping margins are as follows:




This notice constitutes the antidumping duty order with respectto CWP from the PRC pursuant to section 736(a) of the Act.Interested parties may contact the Department's Central RecordsUnit, Room 1217 of the main Commerce building, for copies of anupdated list of antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of theAct and 19 CFR 351.211.
Dated: July 16, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-16767 Filed 7-21-08; 8:45 am]
BILLING CODE 3510-DS-S
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