[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38989-38991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16504]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-857]
Welded Large Diameter Line Pipe From Japan: Notice of Rescission
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 29, 2010, the U.S. Department of Commerce (the
Department) published a notice of initiation of an administrative
review of the antidumping duty order on welded large diameter line pipe
from Japan. The review covers 4 producers/exporters of welded large
diameter line pipe from Japan, which are, JFE Steel Corporation, Nippon
Steel Corporation, Sumitomo Corporation, and Sumitomo Metal Industries,
Ltd. (a.k.a. Sumimoto Metals Pipe & Tube Company). Based on a
withdrawal of the request for review from United States Steel
Corporation (hereafter ``U.S. Steel''), a domestic producer of welded
large diameter line pipe, we are now rescinding this administrative
review in full.
DATES: Effective Date: July 7, 2010.
FOR FURTHER INFORMATION CONTACT: John Drury, or Angelica Mendoza, AD/
CVD Operations, Office 7, Import
[[Page 38990]]
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-0195, or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2009, the Department published in the Federal
Register the notice of opportunity to request an administrative review
of the antidumping duty order on welded large diameter line pipe from
Japan for the period December 1, 2008, through November 30, 2009. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 74 FR
62743 (December 1, 2009). On December 31, 2009, the Department received
a request from U.S. Steel that the Department conduct an administrative
review covering producers/exporters of welded large diameter line pipe
from Japan. On January 29, 2010, the Department published in the
Federal Register the notice of initiation of the 2008-2009
administrative review of welded large diameter line pipe from Japan.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, Request for Revocation in Part, and Deferral of Initiation of
Administrative Review, 75 FR 4770 (January 29, 2010).
On March 1, 2010, the Department received notice on behalf of both
Sumitomo Corporation and Sumitomo Metal Industries informing the
Department that neither had made any exports, sales or entries of
subject merchandise into the U.S. for the period of review.
On April 8, 2010, the Department issued its antidumping duty
questionnaire to JFE Steel Corporation. At the time that U.S. Steel
withdrew its request for review, JFE Steel Corporation had not
submitted responses to the Department's questionnaire.
On April 14, 2010, the Department received a notice on behalf of
Nippon Steel Corporation informing the Department that it had not made
any exports, sales or entries of subject merchandise into the U.S. for
the period of review.
On June 1, 2010, U.S. Steel withdrew its request for administrative
review for all companies.
Period of Review
The period of review (POR) is December 1, 2008, through November
30, 2009.
Scope of the Order
The merchandise under review is welded large diameter line pipe
from Japan. The product covered by this order is certain welded carbon
and alloy line pipe, of circular cross section and with an outside
diameter greater than 16 inches, but less than 64 inches, in diameter,
whether or not stenciled. This product is normally produced according
to American Petroleum Institute (API) specifications, including Grades
A25, A, B, and X grades ranging from X42 to X80, but can also be
produced to other specifications. The product currently is classified
under U.S. Harmonized Tariff Schedule (HTSUS) item numbers
7305.11.10.30, 7305.11.10.60, 7305.11.50.00, 7305.12.10.30,
7305.12.10.60, 7305.12.50.00, 7305.19.10.30. 7305.19.10.60, and
7305.19.50.00. Although the HTSUS item numbers are provided for
convenience and customs purposes, the written description of the scope
is dispositive. Specifically not included within the scope of this
order is American Water Works Association (AWWA) specification water
and sewage pipe and the following size/grade combinations; of line
pipe:
Having an outside diameter greater than or equal to 18
inches and less than or equal to 22 inches, with a wall thickness
measuring 0.750 inch or greater, regardless of grade.
Having an outside diameter greater than or equal to 24
inches and less than 30 inches, with wall thickness measuring greater
than 0.875 inches in grades A, B, and X42, with wall thickness
measuring greater than 0.750 inches in grades X52 through X56, and with
wall thickness measuring greater than 0.688 inches in grades X60 or
greater.
Having an outside diameter greater than or equal to 30
inches and less than 36 inches, with wall thickness measuring greater
than 1.250 inches in grades A, B, and X42, with wall thickness
measuring greater than 1.000 inches in grades X52 through X56, and with
wall thickness measuring greater than 0.875 inches in grades X60 or
greater.
Having an outside diameter greater than or equal to 36
inches and less than 42 inches, with wall thickness measuring greater
than 1.375 inches in grades A, B, and X42, with wall thickness
measuring greater than 1.250 inches in grades X52 through X56, and with
wall thickness measuring greater than 1.125 inches in grades X60 or
greater.
Having an outside diameter greater than or equal to 42
inches and less than 64 inches, with a wall thickness measuring greater
than 1.500 inches in grades A, B, and X42, with wall thickness
measuring greater than 1.375 inches in grades X52 through X56, and with
wall thickness measuring greater than 1.250 inches in grades X60 or
greater.
Having an outside diameter equal to 48 inches, with a wall
thickness measuring 1.0 inch or greater, in grades X-80 or greater.
Having an outside diameter of 48 inches to and including
52 inches, and with a wall thickness of 0.90 inch or more in grade X80
or above.
Having an outside diameter of 48 inches to and including
52 inches, and with a wall thickness of 0.54 inch or more in grade X100
or above.
Having an outside diameter of 21 inches and wall thickness
of 0.625 inch or more in grade X80.
Rescission of Antidumping Administrative Review
19 CFR 351.213(d)(1) of the Department's regulations provides that
the Department will rescind an administrative review if the party that
requested the review withdraws its request for review within 90 days of
the date of publication of the notice of initiation of the requested
review, or withdraws at a later date if the Department determines it is
reasonable to extend the time limit for withdrawing the request.
Therefore, although petitioners withdrew their request with regard to
all four companies after the 90-day deadline, the Department has the
discretion to extend this time limit. Consistent with the Department's
practice,\1\ we find it reasonable to extend the withdrawal deadline,
because the Department has not yet devoted significant time or
resources to this review and petitioners were the only party to request
a review.
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\1\ See Persulfates from the People's Republic of China: Notice
of Rescission of Antidumping Duty Administrative Review, 71 FR 13810
(Mar. 17, 2006); see also Honey from the People's Republic of China:
Notice of Partial Rescission of Antidumping Duty Administrative
Review, 70 FR 42032 (Jul. 21, 2005); and Certain Cut-to-Length
Carbon Steel Plate From the People's Republic of China: Notice of
Rescission of Antidumping Duty Administrative Review, 70 FR 44560
(Aug. 3, 2005); and Notice of Rescission of Antidumping Duty
Administrative Review: Petroleum Wax Candles from the People's
Republic of China, 70 FR 33733 (Jun. 9, 2005).
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Assessment Instructions
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries. For
companies for which this review is rescinded, antidumping duties shall
be assessed at
[[Page 38991]]
rates equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment instructions directly to CBP 15
days after publication of this notice.
Notification to Importers
This notice serves as a 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(d)(4).
Dated: June 29, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-16504 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-P