Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Rescission of Antidumping Duty Administrative Review
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.
Table of Contents Back to Top
DATES: Back to Top
Effective Date: December 29, 2010.
FOR FURTHER INFORMATION CONTACT: Back to Top
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: Back to Top
Background Back to Top
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. 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 Back to Top
The period of review (“POR”) is July 1, 2009, through June 30, 2010.
Scope of the Order Back to Top
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 Back to Top
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 Back to Top
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 Back to Top
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 Back to Top
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.
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
[FR Doc. 2010-32862 Filed 12-28-10; 8:45 am]
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