[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69718-69723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32393]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-850, A-588-851, A-791-808]
Notice of Preliminary Determinations of Sales at Less Than Fair
Value: Certain Large Diameter Carbon and Alloy Seamless Standard, Line
and Pressure Pipe From Japan and Certain Small Diameter Carbon and
Alloy Seamless Standard, Line and Pressure Pipe From Japan and the
Republic of South Africa
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 14, 1999.
FOR FURTHER INFORMATION CONTACT: Charles Riggle at (202) 482-5288 or
Constance Handley at (202) 482-0631, Import Administration, Room 1870,
International Trade Administration,
[[Page 69719]]
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230.
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to Department of Commerce (Department)
regulations refer to the regulations codified at 19 CFR part 351 (April
1999).
Preliminary Determinations
We preliminarily determine that large diameter carbon and alloy
seamless standard, line and pressure pipe (large diameter seamless
pipe) from Japan, and small diameter carbon and alloy seamless
standard, line and pressure pipe (small diameter seamless pipe) from
Japan and the Republic of South Africa (South Africa), are being sold,
or are likely to be sold, in the United States at less than fair value
(LTFV), as provided in section 733 of the Act. The estimated margins of
sales at LTFV are shown in the Suspension of Liquidation section of
this notice.
Case History
On June 30, 1999, the Department received petitions on large
diameter seamless pipe from Japan and Mexico filed in proper form by
U.S. Steel Group (a unit of USX Corp.--Fairfield Seamless Pipe Mill)
and USS/Kobe Steel Company. Also that day, the Department received
petitions on small diameter seamless pipe from the Czech Republic,
Japan, Romania and South Africa filed in proper form from Koppel Steel
Corporation, Sharon Tube company, U.S. Steel Group, USS/Kobe Steel
Company and Vision Metals, Inc. (Gulf States Tube Division). On June
30, 1999, the United Steel Workers of America joined as co-petitioners
in all of the cases.1
---------------------------------------------------------------------------
\1\ The preliminary determinations in the investigations
involving the Czech Republic, Mexico and Romania has been postponed
until January 26, 2000
---------------------------------------------------------------------------
These investigations were initiated on July 20, 1999. See
Initiation of Antidumping Duty Investigations: Certain Large Diameter
Carbon and Alloy Seamless Standard, Line and Pressure Pipe from Japan
and Mexico and Certain Small Diameter Carbon and Alloy Seamless
Standard, Line and Pressure Pipe from the Czech Republic, Japan, the
Republic of South Africa and Romania; (Initiation Notice), 64 FR 40825
(July 28, 1999). Since the initiation of the investigations, the
following events have occurred:
On August 12, 1999, the Department selected the following companies
as mandatory respondents in the investigations: Kawasaki Steel
Corporation (Kawasaki), Nippon Steel Corporation (Nippon) and Sumitomo
Metal Industries (Sumitomo) for both investigations involving Japan;
and Iscor Ltd (Iscor), the sole producer of the subject merchandise for
South Africa. See Respondent Selection, below. On August 12, 1999, the
Department issued the antidumping questionnaires to each of the
selected respondents.
On August 16, 1999, the United States International Trade
Commission (ITC) preliminarily determined that there is a reasonable
indication that imports of the products subject to each of these
antidumping investigations are materially injuring the U.S. industry.
See Certain Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic, Japan, Mexico, Romania, and
South Africa, 64 FR 46953 (August 27, 1999).
On September 10, 1999, Iscor notified the Department that it would
not be responding to the Department's questionnaire. Likewise, in the
cases involving Japan, none of the mandatory respondents answered the
Department's questionnaire.
Period of Investigation
The period of investigation (POI) for both the large and small
diameter seamless pipe cases is April 1, 1998, through March 31, 1999.
This period corresponds to the four most recent fiscal quarters prior
to the month of the filing of the petition (i.e., June 1999).
Scope of Investigations 2
---------------------------------------------------------------------------
\2\ On September 3, 1999, the petitioners requested that the
scope of the investigations be amended to exclude certain products
made to the A-335 specification. This change is reflected in the
current scope.
---------------------------------------------------------------------------
For purposes of the large diameter seamless pipe investigation, the
products covered are large diameter seamless carbon and alloy (other
than stainless) steel standard, line, and pressure pipes produced, or
equivalent, to the American Society for Testing and Materials (ASTM) A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335 (grades P1, P2, P11,
P12, P21 and P22 only), ASTM A-589, ASTM A-795, and the American
Petroleum Institute (API) 5L specifications and meeting the physical
parameters described below, regardless of application. The scope of
these investigations 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 these investigations are seamless pipes greater
than 4.5 inches (114.3 mm) up to and including 16 inches (406.4 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 these investigations are currently
classifiable under the subheadings 7304.10.10.30, 7304.10.10.45,
7304.10.10.60, 7304.10.50.50, 7304.31.60.50, 7304.39.00.36,
7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72,
7304.51.50.60, 7304.59.60.00, 7304.59.80.30, 7304.59.80.35,
7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65, and 7304.59.80.70 of the Harmonized
Tariff Schedule of the United States (HTSUS).
Specifications, Characteristics, and Uses: Large diameter seamless
pipe is used primarily for line applications such as oil, gas, or water
pipeline, or utility distribution systems. 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 American Society of Mechanical Engineers (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
[[Page 69720]]
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 pipe lines. 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 in large diameters is for use as
oil and gas distribution lines for commercial applications. A more
minor application for large diameter seamless pipes is for use in
pressure piping systems by refineries, petrochemical plants, and
chemical plants, as well as in power generation plants and in some oil
field uses (on shore and off shore) such as for separator lines,
gathering lines and metering runs. 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.
The scope of these investigations includes all seamless pipe
meeting the physical parameters described above and produced to one of
the specifications listed above, regardless of application, 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 these investigations.
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 (grades P1, P2, P11, P12, P21 and P22 only), ASTM A-589, ASTM A-
795, and API 5L specifications shall be covered if used in a standard,
line, or pressure application.
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, such products
are covered by the scope of these investigations.
Specifically excluded from the scope of these investigations are
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 (grades
P1, P2, P11, P12, P21 and P22 only), 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 oil country tubular
goods (OCTG) are excluded from the scope of these investigations, 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.
For purposes of the small diameter seamless pipe investigations,
the products covered 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 American
Petroleum Institute (API) 5L specifications and meeting the physical
parameters described below, regardless of application. The scope of
these investigations 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 these investigations 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 these investigations are currently
classifiable under the subheadings 7304.10.10.20, 7304.10.50.20,
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 pipe lines. 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
[[Page 69721]]
or nuclear), and in some oil field uses (on shore and off shore) 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 these investigations includes all seamless pipe
meeting the physical parameters described above and produced to one of
the specifications listed above, regardless of application, 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 these investigations.
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.
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, such products
are covered by the scope of these investigations.
Specifically excluded from the scope of these investigations are
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 these
investigations, 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.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the merchandise under
investigation is dispositive.
The Department set aside a period for all interested parties to
raise issues regarding product coverage. From August through November
1999, the Department received responses from a number of parties
including importers, respondents, consumers, and petitioners.
Class or Kind
We have preliminarily determined that there are only two classes or
kinds of merchandise, one for small diameter pipe and one for large
diameter pipe. Our determination is based on an evaluation of the
criteria set forth in Diversified Products v. United States, 572 F.
Supp. 883, 889 (CIT 1983) (Diversified Products), which look to
differences in: (1) The general physical characteristics of the
merchandise, (2) the expectations of the ultimate purchaser, (3) the
ultimate use of the merchandise, (4) the channels of trade in which the
merchandise moves, and (5) the manner in which the product is
advertised or displayed. In making this preliminary determination, we
have rejected a request by Sumitomo that the Department determine that
there are three separate classes or kinds of merchandise subject to
investigation: (1) Commodity grade standard, line and pressure pipe,
(2) high-strength line pipe produced to proprietary specification for
use in deep sea, arctic or other harsh conditions and (3) alloy
pressure pipe. See letter from Sumitomo to the Department of Commerce
(August 3, 1999). Likewise we have rejected the requests of MC Tubular
Products, Inc., an importer of the subject merchandise, and the
American Boiler Makers Association (ABMA), consumers of the subject
merchandise, that we determine that alloy seamless pipe is a separate
class or kind than carbon seamless pipe. See letter from MC Tubular
Products to the Department of Commerce (August 10, 1999), and letter
from the ABMA to the Assistant Secretary (November 5, 1999). In our
analysis of the Diversified Products criteria, we find that, consistent
with past seamless pipe cases, alloy grade steels, high-strength line
pipe, and pipes made therefrom, represent the upper end of a single
continuum of steel grades and associated attributes. See, e.g., Notice
of Final Determination of Sales at Less Than Fair Value: Small Diameter
Circular Seamless Carbon and Alloy Steel, Standard, Line and Pressure
Pipe From Brazil, 60 FR 31960, 31963 (June 19, 1995); Notice of Final
Determination of Sales at Less Than Fair Value: Small Diameter Circular
Seamless Carbon and Alloy Steel, Standard, Line and Pressure Pipe From
Germany, 60 FR 31974 (June 19, 1995). Information placed on the record
of this proceeding, which does not address all of the Diversified
Products criteria or contain compelling new documented evidence, does
not constitute sufficient justification for deviating from our
established precedent. Id. For further discussion on this topic see
Memorandum from Case Analysts to Holly Kuga, Re: Class or Kind, dated
December 7, 1999. On December 2, 1999, Sumitomo made an additional
submission with regard to class or kind. Due to the statutory deadline
for the preliminary determination in these investigations, we will
consider this information in making the final determination.
Selection of Respondents
Section 777A(c)(1) of the Act directs the Department to calculate
individual dumping margins for each known exporter and producer of the
subject merchandise. However, section 777A(c)(2) of the Act gives the
Department discretion, when faced with a large number of exporters/
producers, to limit its examination to a reasonable number of such
companies if it is not practicable to examine all companies. Where it
is not practicable to examine all known producers/exporters of subject
merchandise, this provision permits the Department to investigate
either: (1) A sample of exporters, producers, or types of products that
is statistically valid based on the information available at the time
of selection, or (2) exporters and producers accounting for the largest
volume of the subject merchandise that can be reasonably examined.
After consideration of the complexities expected to arise in these
proceedings and the resources available to the Department, we
determined that it was not practicable in the Japanese investigations
to examine all known producers/exporters of subject merchandise. This
was not a concern in the investigation involving South Africa, since
there was only one producer/exporter of subject merchandise in that
country during the POI. However, with respect to Japan, which had
multiple producers/exporters of subject merchandise during the POI, we
determined that, given our resources, we would be able to investigate
three such companies. The respondents selected for Japan were
[[Page 69722]]
those with the greatest export volume, that together accounted for more
than 50 percent of all known exports of the subject merchandise during
the POI from Japan. For a more detailed discussion of respondent
selection in these investigations, see Respondent Selection Memorandum,
dated August 12, 1999.
Facts Available
As stated above, none of the respondents answered the Department's
questionnaire. Section 776(a)(2) of the Act provides that, if an
interested party (A) withholds information that has been requested by
the Department; (B) fails to provide such information in a timely
manner or in the form or manner requested subject to section 782(c)(1)
and (e) of the Act; (C) significantly impedes a proceeding under the
antidumping statute; or (D) provides such information but the
information cannot be verified, the Department shall, subject to
subsection 782(d) of the Act, use facts otherwise available in reaching
the applicable determination. Because Iscor, Kawasaki, Nippon and
Sumitomo failed to respond to our questionnaire, pursuant to section
776(a)(2)(A) of the Act, we resorted to facts otherwise available to
determine the dumping margins for these companies.
Section 776(b) of the Act provides that the Department may use an
inference adverse to the interests of a party that has failed to
cooperate by not acting to the best of its ability to comply with the
Department's requests for information. See also Statement of
Administrative Action accompanying the URAA, H.R. Rep. No. 103-316 at
870 (1994) (SAA). Failure by Iscor, Kawasaki, Nippon and Sumitomo to
respond to the Department's antidumping questionnaire constitutes a
failure to act to the best of their ability to comply with a request
for information, within the meaning of section 776 of the Act. Because
Iscor, Kawasaki, Nippon and Sumitomo failed to respond, the Department
has determined that, in selecting among the facts otherwise available,
an adverse inference is warranted in selecting the facts available for
these companies.
Because we were unable to calculate margins for the respondents in
Japan, or South Africa, consistent with Department practice, we
assigned the respondents in these cases the highest margins alleged in
the amendments to the respective petitions. See, e.g., Notice of
Preliminary Determination of Sales at Less Than Fair Value: Stainless
Steel Wire Rod from Germany (Wire Rod from Germany), 63 FR 10847 (March
5, 1998). The highest petition margins are 106.07 percent in the small
diameter seamless pipe investigation for Japan, 107.80 percent in the
large diameter seamless pipe investigation for Japan and 43.51 percent
for South Africa. See Initiation Notice.
Section 776(b) states that an adverse inference may include
reliance on information derived from the petition. See also SAA at 829-
831. Section 776(c) of the Act provides that, when the Department
relies on secondary information (such as the petition) in using the
facts otherwise available, it must, to the extent practicable,
corroborate that information from independent sources that are
reasonably at its disposal.
The SAA clarifies that ``corroborate'' means that the Department
will satisfy itself that the secondary information to be used has
probative value (see SAA at 870). The SAA also states that independent
sources used to corroborate such evidence may include, for example,
published price lists, official import statistics and customs data, and
information obtained from interested parties during the particular
investigation (see SAA at 870).
We reviewed the adequacy and accuracy of the information in the
petitions during our pre-initiation analysis of the petitions, to the
extent appropriate information was available for this purpose. See
Import Administration AD Investigation Initiation Checklist, dated June
21, 1999, for a discussion of the margin calculations in the petitions.
In addition, in order to determine the probative value of the margins
in the petitions for use as adverse facts available for purposes of
this determination, we examined evidence supporting the calculations in
the petitions. In accordance with section 776(c) of the Act, to the
extent practicable, we examined the key elements of the export price
(EP) and normal value (NV) calculations on which the margins in the
petitions were based. Our review of the EP and NV calculations
indicated that the information in the petitions has probative value, as
certain information included in the margin calculations in the
petitions is from public sources concurrent, for the most part, with
the POI (e.g., international freight and insurance, customs duty,
interest rates). However, with respect to certain other data included
in the margin calculations of the petition (e.g., gross United States
and home market unit prices), neither the respondents nor other
interested parties provided the Department with further relevant
information and the Department is aware of no other independent source
of information that would enable it to further corroborate the
remaining components of the margin calculation in the petition. The
implementing regulation for section 776 of the Act, codified at 19 CFR
351.308(c) states, ``[t]he fact that corroboration may not be
practicable in a given circumstance will not prevent the Secretary from
applying an adverse inference as appropriate and using the secondary
information in question.'' Additionally, we note that the SAA at 870
specifically states that, where ``corroboration may not be practicable
in a given circumstance,'' the Department may nevertheless apply an
adverse inference. Accordingly, we find, for purposes of this
preliminary determination, that this information is corroborated to the
extent practicable.
All Others Rate
Section 735(c)(5)(B) of the Act provides that, where the estimated
weighted-averaged dumping margins established for all exporters and
producers individually investigated are zero or de minimis or are
determined entirely under section 776 of the Act, the Department may
use any reasonable method to establish the estimated all-others rate
for exporters and producers not individually investigated. Our recent
practice under these circumstances has been to assign, as the ``all
others'' rate, the simple average of the margins in the petition. We
have done so in these cases. See, e.g., Notice of Final Determination
of Sales at Less Than Fair Value: Stainless Steel Plate in Coil from
Canada, 64 FR 15457 (March 31, 1999); see also Notice of Final
Determination of Sales at Less Than Fair Value: Stainless Steel Plate
in Coil from Italy, 64 FR 15458, 15459 (March 21, 1999).
Suspension of Liquidation
For entries of large and small diameter seamless pipe from Japan,
and entries of small diameter seamless pipe from South Africa, we are
directing the U.S. Customs Service to suspend liquidation of those
entries that are entered, or withdrawn from warehouse, for consumption
on or after the date of publication of this notice in the Federal
Register. We are also instructing the Customs Service to require a cash
deposit or the posting of a bond equal to the dumping margin, as
indicated in the chart below. These instructions suspending liquidation
will remain in effect until further notice.
The dumping margins are provided below.
[[Page 69723]]
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Japan--large diameter:
Nippon Steel Corporation................................. 107.80
Kawasaki Steel Corporation............................... 107.80
Sumitomo Metal Industries................................ 107.80
All Others............................................... 68.88
Japan--small diameter:
Nippon Steel Corporation................................. 106.07
Kawasaki Steel Corporation............................... 106.07
Sumitomo Metal Industries................................ 106.07
All Others............................................... 70.43
South Africa--small diameter:
Iscor Ltd................................................ 43.51
All Others............................................... 40.17
------------------------------------------------------------------------
ITC Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our determinations. If our final antidumping determinations are
affirmative, the ITC will determine whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
The deadline for that ITC determination would be the later of 120 days
after the date of these preliminary determinations or 45 days after the
date of our final determinations.
Public Comment
For the investigations of large and small diameter seamless pipe
from Japan and small diameter seamless pipe from South Africa, case
briefs must be submitted no later than 30 days after the publication of
this notice in the Federal Register. Rebuttal briefs must be filed
within five business days after the deadline for submission of case
briefs. A list of authorities used, a table of contents, and an
executive summary of issues should accompany any briefs submitted to
the Department. Executive summaries should be limited to five pages
total, including footnotes.
Section 774 of the Act provides that the Department will hold a
hearing to afford interested parties an opportunity to comment on
arguments raised in case or rebuttal briefs, provided that such a
hearing is requested by any interested party. If a request for a
hearing is made in an investigation, the hearing will tentatively be
held two days after the deadline for submission of the rebuttal briefs,
at the U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW, Washington, D.C. 20230. In the event that the Department
receives requests for hearings from parties to several seamless pipe
cases, the Department may schedule a single hearing to encompass all
those cases. Parties should confirm by telephone the time, date, and
place of the hearing 48 hours before the scheduled time.
Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request within 30 days of
the publication of this notice. Requests should specify the number of
participants and provide a list of the issues to be discussed. Oral
presentations will be limited to issues raised in the briefs.
If these investigations proceed normally, we will make our final
determinations no later than 75 days after the date of issuance of this
notice.
These determinations are published pursuant to sections 733(f) and
777(i)(1) of the Act.
Dated: December 7, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-32393 Filed 12-13-99; 8:45 am]
BILLING CODE 3510-DS-P
