Revocation of Countervailing Duty Orders

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