[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Notices]
[Pages 40568-40571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19694]
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DEPARTMENT OF COMMERCE
International Trade Administration
Revocation of Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of revocation of countervailing duty orders.
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SUMMARY: Pursuant to section 753(b)(4) of the Tariff Act of 1930, as
amended (the Act), the International Trade Commission (the Commission)
has issued a negative injury determination with respect to each of the
countervailing duty orders listed in the Appendix to this notice.
Therefore, pursuant to section 753(b)(3)(B) of the Act, the Department
of Commerce (the Department) is notifying the public of its revocation
of these countervailing duty orders.
EFFECTIVE DATE: August 9, 1995.
FOR FURTHER INFORMATION CONTACT: Stephen Lebowitz or Cameron Cardozo,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 1995, the Department published a notice in the Federal
Register which informed domestic interested parties of their right
under section 753(a) of the Act to request an injury investigation from
the Commission with respect to certain outstanding countervailing duty
orders issued pursuant to former section 303 of the Act. Countervailing
Duty Order; Opportunity To Request a Section 753 Injury Investigation,
60 FR 27693 (May 26, 1995), amended 60 FR 32942 (June 26, 1995). In
conjunction with this notice, the Department sent letters to domestic
interested parties notifying them of their right to request an injury
investigation covering the subject orders pursuant to section 753(a) of
the Act. The notice and letter advised parties that failure to submit a
timely request for an injury investigation would result in the
revocation of the subject order(s).
The Commission has notified the Department that it did not receive
a timely request under section 753(a) covering any of the
countervailing duty orders listed in the Appendix and, therefore, a
negative injury determination has been made with respect to these
orders pursuant to section 753(b)(4) of the Act. 19 U.S.C. 1675b(b)(4).
As a result, the Department hereby revokes these countervailing duty
orders pursuant to section 753(b)(3)(B) of the Act and will refund,
with interest, any estimated countervailing duties collected since
January 1, 1995, the period during which liquidation was suspended
pursuant to section 753(a)(4) of the Act.1
\1\ At the time the order on Ferrosilicon from Venezuela was
issued, part of the merchandise (non-dutiable) covered by the order
was subject to the requirement of an affirmative determination of
material injury under section 303 of the Act. See ``Notice of
Opportunity to Request a Section 753 Injury Investigation,'' 60 FR
27963, at 27964 column 3, footnote 1 (May 26, 1995). The Department,
therefore, partially revokes the order on Ferrosilicon from
Venezuela with respect to subject merchandise entered on or after
January 1, 1995 under the following HTS numbers: 7202.21.7500 and
7202.21.9000. The order remains in effect with respect to all
subject merchandise entered under the following HTS numbers:
7202.21.1000, 7202.21.5000, 7202.29.0010, 7202.29.0050.
[[Page 40569]]
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Dated: August 3, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
Appendix
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Country Case name/number Date/FR of order
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Argentina.............. Apparel (C-357-404).... 3/12/85; 50 FR 9846
Argentina.............. Carbon Steel--Cold- 4/26/84; 49 FR 18006
Rolled Flat Products
(C-357-005).
Argentina.............. Leather Wearing Apparel 3/18/83; 48 FR 11480
(C-357-001).
Argentina.............. Line Pipe (C-357-801).. 9/27/88; 53 FR 37619
Argentina.............. Non-Rubber Footwear (C- 1/17/79; 44 FR 3474
357-052).
Argentina.............. Standard Pipe (C-357- 9/27/88; 53 FR 37619
801).
Argentina.............. Textile Mill Products 3/12/85; 50 FR 9846
(C-357-404).
Argentina.............. Tubing, Heavy-Walled 9/27/88; 53 FR 37619
Rectangular (C-357-
801).
Argentina.............. Tubing, Light-Walled 9/27/88; 53 FR 37619
Rectangular (C-357-
801).
Malaysia............... Wire Rod, Carbon Steel 4/22/88; 53 FR 13303
(C-557-701).
Mexico................. Ceramic Tile (C-201- 5/10/82; 47 FR 20012
003).
Mexico................. Leather Wearing Apparel 4/10/81; 46 FR 21357
(C-201-001).
Mexico................. Textile Mill Products 3/18/85; 50 FR 10824
(C-201-405).
New Zealand............ Brazing Copper Rod & 8/5/85; 50 FR 31638
Wire (C-614-501).
New Zealand............ Steel Wire (C-614-601). 9/2/86; 51 FR 31156
New Zealand............ Steel Wire Nails (C-614- 10/5/87; 52 FR 37196
701).
New Zealand............ Wire Rod, Carbon Steel 3/7/86; 51 FR 7971
(C-614-504).
Peru................... Cotton Sheeting and 2/1/83; 48 FR 4501
Sateen (C-333-001).
Peru................... Cotton Yarn (C-333-002) 2/1/83; 48 FR 4508
Peru................... Rebar (C-333-502)...... 11/27/85; 50 FR 48819
Peru................... Textile Mill Products 3/12/85; 50 FR 9871
(C-333-402).
South Africa........... Ferrochrome (C-791-001) 4/9/81; 46 FR 21155
Sri Lanka.............. Textile Mill Products 3/12/85; 50 FR 9826
(C-542-401).
Thailand............... Apparel (C-549-401).... 3/12/85; 50 FR 9818
Thailand............... Butt-Weld Pipe Fittings 1/18/90; 55 FR 1695
(C-549-804).
Thailand............... Malleable Iron Pipe 2/10/89; 54 FR 6439
Fittings (C-549-803).
Thailand............... Pipe and Tube (C-549- 8/14/85; 50 FR 32751
501).
Thailand............... Rice (C-549-503)....... 4/10/86; 51 FR 12356
Thailand............... Steel Wire Nails (C-549- 10/2/87; 52 FR 36987
701).
Venezuela.............. Circular Welded 9/17/92; 57 FR 42964
Nonalloy Steel Pipe (C-
307-806).
Venezuela.............. Ferrosilicon (C-307- 5/10/93; 58 FR 30770
808) 1.
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/1/ This is only a partial revocation pertaining to entries under the
following HTS numbers: 7202.21.7500 and 7202.21.9000. An order still
remains on Ferrosilicon from Venezuela, covering the following HTS
numbers: 7202.21.1000, 7202.21.5000, 7202.29.0010, and 7202.29.0050.
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DEPARTMENT OF COMMERCE
[C-475-815]
Notice of Countervailing Duty Order: Small Diameter Circular
Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe
(``Seamless Pipe'') From Italy
Agency: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 8, 1995.
FOR FURTHER INFORMATION CONTACT: Peter Wilkniss, Office of
Countervailing Investigations, Import Administration, U.S. Department
of Commerce, 14th Street and Constitution Avenue NW., Washington, D.C.
20230; telephone (202) 482-0588.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute and to the
Department's regulations are in reference to the provisions as they
existed on December 31, 1994.
Scope of Investigation and Order
The scope of this investigation and order includes small diameter
seamless carbon and alloy standard, line and pressure pipes (seamless
pipes) produced to the ASTM A-335, ASTM A-106, ASTM A-53 and API 5L
specifications and meeting the physical parameters described below,
regardless of application. The scope of this investigation and order
also includes all products used in standard, line, or pressure pipe
applications and meeting the physical parameters below, regardless of
specification.
For purposes of this investigation, seamless pipes are seamless
carbon and alloy (other than stainless) steel pipes, of circular cross-
section, not more than 114.3 mm (4.5 inches) in outside diameter,
regardless of wall thickness, manufacturing process (hot-finished or
cold-drawn), end finish (plain end, bevelled end, upset end, threaded,
or threaded and coupled), or surface finish. These pipes are commonly
known as standard pipe, line pipe or pressure pipe, depending upon the
application. They may also be used in structural applications. Pipes
produced in non-standard wall thicknesses are commonly referred to as
tubes.
The seamless pipes subject to these investigations are currently
classifiable
[[Page 40570]]
under subheadings 7304.10.10.20, 7304.10.50.20, 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
Harmonized Tariff Schedule of the United States (HTSUS).
The following information further defines the scope of this
investigation, which covers pipes meeting the physical parameters
described above:
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 American
Society for Testing and Materials (ASTM) standard A-106 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 standard A-335 must be used if temperatures and stress
levels exceed those allowed for A-106 and the ASME codes. 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.
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 pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53 and API 5L specifications. Such triple certification of
pipes is common because all pipes meeting the stringent A-106
specification necessarily meet the API 5L and ASTM A-53 specifications.
Pipes meeting the API 5L specification necessarily meet the ASTM A-53
specification. However, pipes meeting the A-53 or API 5L specifications
do not necessarily meet the A-106 specification. To avoid maintaining
separate production runs and separate inventories, manufacturers triple
certify the pipes. 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
certified pipes is in pressure piping systems by refineries,
petrochemical plants and chemical plants. Other applications are in
power generation plants (electrical-fossil fuel 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, A-106 pipes may be used in
some boiler applications.
The scope of this investigation 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 this investigation. Therefore, seamless
pipes meeting the physical description above, but not produced to the
A-335, A-106, A-53, or API 5L standards 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 A-106 applications. These specifications generally include A-
162, A-192, A-210, A-333, and A-524. When such pipes are used in a
standard, line or pressure pipe application, such products are covered
by the scope of this investigation.
Specifically excluded from this investigation are boiler tubing and
mechanical tubing, if such products are not produced to A-335, A-106,
A-53 or API 5L specifications and are not used in standard, line or
pressure applications. In addition, finished and unfinished OCTG are
excluded from the scope of this investigation, if covered by the scope
of another countervailing 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. Finally, also excluded from this investigation are redraw
hollows for cold-drawing when used in the production of cold-drawn pipe
or tube.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of this
investigation is dispositive.
Countervailing Duty Order
In accordance with section 705(a) of the Tariff Act of 1930, as
amended (the Act) (19 U.S.C. 1671(a)), on June 12, 1995, the Department
made its final determination that producers or exporters of seamless
pipe in Italy receive benefits which constitute subsidies within the
meaning of the countervailing duty law (60 FR 31992, June 19, 1995). On
July 26, 1995, in accordance with section 705(d) of the Act, the U.S.
International Trade Commission (ITC) notified the Department that
imports of seamless pipe from Italy materially injure a U.S. industry.
Therefore, in accordance with sections 706 and 751 of the Act (19
U.S.C. sections 1671e and 1675), the Department hereby directs United
States Customs officers to assess, upon further advice by the
administering authority pursuant to sections 706(a)(1) and 751 of the
Act, countervailing duties equal to the amount of the estimated net
subsidy on all entries of seamless pipe from Italy. These
countervailing duties will be assessed on all unliquidated entries of
seamless pipe from Italy entered, or withdrawn from warehouse, for
consumption on or after November 28, 1994, the date on which the
Department published its preliminary determination notice in the
Federal Register (59 FR 60774), and before March 28, 1995, the date on
which we instructed the U.S. Customs Service to discontinue the
suspension of liquidation, and all entries and withdrawals for
consumption made on or after the date of publication of this order in
the Federal Register. Entries of seamless pipe made on or after March
28, 1995, and prior to the date of publication of this order in the
Federal Register are not subject to the assessment of countervailing
duties since we cannot suspend liquidation of the subject merchandise,
begun on November 28, 1994, for more than 120 days without the issuance
of a final affirmative ITC injury determination.
On or after the date of publication of this notice in the Federal
Register, U.S. Customs officers must require, at the same time as
importers would normally deposit estimated duties of this merchandise,
the following cash deposit for seamless pipe from Italy.
[[Page 40571]]
Seamless Pipe
Country-Wide Ad Valorem rate 1.47 percent.
This notice constitutes the countervailing duty order with respect
to seamless pipe from Italy, pursuant to section 706 of the Act.
Interested parties may contact the Central Records Unit, Room B-099 of
the Main Commerce Building, for copies of an updated list of
countervailing duty orders currently in effect.
This order is published in accordance with section 706 of the Act
and 19 CFR 355.21.
Dated: August 2, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19694 Filed 8-8-95; 8:45 am]
BILLING CODE 3510-DS-P
