[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 81968-81969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32862]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-910]
Circular Welded Carbon Quality Steel Pipe From the People's
Republic of China: Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2010, the U.S. Department of Commerce (the
``Department'') published a notice of initiation of an administrative
review of the antidumping duty order on circular welded carbon quality
steel pipe (``CWP'') from the People's Republic of China (``PRC'').
This administrative review was initiated on 18 exporters of CWP from
the PRC. We are now rescinding this administrative review in full.
DATES: Effective Date: December 29, 2010.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-3936.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2010, the Department published in the Federal Register
the notice of opportunity to request an administrative review of the
antidumping duty order on CWP from the PRC for the period July 1, 2009,
through June 30, 2010. See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity To Request
Administrative Review, 75 FR 38074, 38075 (July 1, 2010). On August 2,
2010, the Department received a timely request from the Ad Hoc
Coalition For Fair Pipe Imports and its individual members, Allied Tube
& Conduit, IPSCO Tubulars, Inc., Sharon Tube Company, Western Tube &
Conduit Corporation, and Wheatland Tube Company (collectively,
``Petitioner''), that the Department conduct an administrative review
of the antidumping duty order on CWP from the PRC, covering 18
exporters of CWP from the PRC. No other party requested an
administrative review of the antidumping duty order on CWP from the
PRC. On August 31, 2010, the Department published in the Federal
Register the notice of initiation of the 2009-2010 administrative
review of CWP from the PRC. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Deferral of Initiation
of Administrative Review, 75 FR 53274, 53276 (August 31, 2010).
On September 16, 2010, the Department issued a memorandum providing
an opportunity for interested parties to comment on U.S. Customs and
Border Protection (``CBP'') information to be used by the Department in
its respondent selection.
[[Page 81969]]
On October 27, 2010, Petitioner filed a letter withdrawing its request
for review of the 18 exporters for which the Department initiated this
review.
Period of Review
The period of review (``POR'') is July 1, 2009, through June 30,
2010.
Scope of the Order
The merchandise subject to the order is certain welded carbon
quality steel pipes and tubes, of circular cross-section, and with an
outside diameter of 0.372 inches (9.45 mm) or more, but not 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 industry specification (e.g., ASTM, proprietary, or
other), generally known as standard pipe and structural pipe (they may
also be referred to as circular, structural, or mechanical tubing).
Specifically, the term ``carbon quality'' includes products in
which (a) iron predominates, by weight, over each of the other
contained elements; (b) the carbon content is 2 percent or less, by
weight; and (c) none of the elements listed below exceeds the quantity,
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 Testing and
Materials (``ASTM'') specifications, but can be made to other
specifications. Standard pipe is made primarily to ASTM specifications
A-53, A-135, and A-795. Structural pipe is made primarily to ASTM
specifications A-252 and A-500. Standard and structural pipe may also
be produced to proprietary specifications rather than to industry
specifications. This is often the case, for example, with fence tubing.
Pipe multiple-stenciled to a standard and/or structural specification
and to any other specification, such as the American Petroleum
Institute (``API'') API-5L specification, is also covered by the scope
of the order when it meets the physical description set forth above and
also has one or more of the following characteristics: is 32 feet in
length or less; is less than 2.0 inches (50 mm) in outside diameter;
has a galvanized and/or painted surface finish; or has a threaded and/
or coupled end finish. (The term ``painted'' does not include coatings
to inhibit rust in transit, such as varnish, but includes coatings such
as polyester.)
The scope of the order does not include: (a) Pipe suitable for use
in boilers, superheaters, heat exchangers, condensers, refining
furnaces and feedwater heaters, whether or not cold drawn; (b)
mechanical tubing, whether or not cold-drawn; (c) finished electrical
conduit; (d) finished scaffolding; (e) tube and pipe hollows for
redrawing; (f) oil country tubular goods produced to API
specifications; and (g) line pipe produced to only API specifications.
The pipe products that are the subject of the order are currently
classifiable in the Harmonized Tariff Schedule of the United States
(``HTSUS'') statistical reporting numbers 7306.30.10.00, 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 HTSUS classification, is
dispositive of whether merchandise imported into the United States
falls within the scope of the order.
Rescission of Antidumping Duty Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review under this section, in whole or in part, if a
party that requested a review withdraws the request within 90 days of
the date of publication of notice of initiation of the requested
review. Because Petitioner withdrew its review request for all 18
exporters within the 90-day deadline, and no other party requested an
administrative review of the antidumping order on CWP from the PRC, in
accordance with 19 CFR 351.213(d)(1) the Department is rescinding this
administrative review in full.
Assessment Instructions
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For exporters for which this review is
rescinded, antidumping duties shall be assessed at 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: December 22, 2010.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010-32862 Filed 12-28-10; 8:45 am]
BILLING CODE 3510-DS-P