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Federal Register / Vol. 70, No.

176 / Tuesday, September 13, 2005 / Notices 54017

three days after the deadline for The following deposit requirements DEPARTMENT OF COMMERCE
submission of the rebuttal briefs at the will be effective for all shipments of the
U.S. Department of Commerce, 14th subject merchandise entered, or International Trade Administration
Street and Constitution Avenue, NW., withdrawn from warehouse, for A–201–827
Washington, DC 20230. Interested consumption on or after the publication
parties who wish to request a hearing, date of the final results of review, as Certain Large Diameter Carbon and
or to participate if one is requested, provided by section 751(a)(1) of the Act: Alloy Seamless Standard, Line and
must submit a written request to the (1) The cash–deposit amount for Pressure Pipe from Mexico: Notice of
Assistant Secretary for Import CEMEX/GCCC will be the amount per Final Rescission of Antidumping Duty
Administration, U.S. Department of Administrative Review
metric ton determined in the final
Commerce, Room 1870, within 30 days
results of review; (2) for previously AGENCY: Import Administration,
after the date of publication of the
preliminary results of this review in the reviewed or investigated companies not International Trade Administration,
Federal Register. Requests should mentioned above, the cash–deposit rate Department of Commerce.
will continue to be the company– SUMMARY: We have determined that the
contain the following information: (1)
the party’s name, address, and specific rate published for the most fourth antidumping duty administrative
telephone number; (2) the number of recent period; (3) if the exporter is not review of Tubos de Acero de Mexico,
participants; (3) a list of the issues to be a firm covered in this review, a prior S.A. (‘‘TAMSA’’) should be rescinded.
discussed. Oral presentations will be review, or in the original less–than-fair– EFFECTIVE DATE: September 13, 2005.
limited to issues raised in the briefs. value (LTFV) investigation but the FOR FURTHER INFORMATION CONTACT:
The Department will publish the final manufacturer is, the cash–deposit rate Victoria Cho or George McMahon, AD/
results of this administrative review, will be the rate established for the most CVD Operations, Office 3, Import
including the results of its analysis of recent period for the manufacturer of Administration, International Trade
issues raised in any case or rebuttal the merchandise; and (4) the cash– Administration, U.S. Department of
briefs, within 120 days of publication of deposit rate for all other manufacturers Commerce, 14th Street and Constitution
this notice. See 19 CFR 351.213(h). or exporters will be 61.85 percent, the Avenue, NW, Washington, DC 20230;
all–others rate from the LTFV telephone: (202) 482–5075, or (202)
Assessment Rates
investigation. See Final Determination 482–1167, respectively.
Upon completion of this review, the SUPPLEMENTARY INFORMATION:
Department will determine, and U.S. of Sales at Less Than Fair Value: Gray
Customs and Border Protection (CBP) Portland Cement and Clinker from Background
shall assess, antidumping duties on all Mexico, 55 FR 29244 (July 18, 1990). On August 3, 2004, the Department of
appropriate entries. In accordance with These deposit requirements, when Commerce (‘‘the Department’’)
19 CFR 351.212(b)(1), we have imposed, shall remain in effect until published in the Federal Register the
calculated an importer–specific publication of the final results of the notice of ‘‘Opportunity to Request
assessment rate for merchandise subject next administrative review. Administrative Review’’ of the
to this review. If these preliminary antidumping duty order on certain large
Notification to Interested Parties
results are adopted in the final results diameter carbon and alloy seamless
of review, we will direct CBP to assess This notice also serves as a standard, line, and pressure pipe
the resulting assessment rates against preliminary reminder to importers of (‘‘SLP’’) from Mexico, for the period
the entered customs values for the their responsibility under 19 CFR August 1, 2003, through July 31, 2004.
subject merchandise on the importer’s 351.402(f) to file a certificate regarding See Notice of Opportunity to Request an
entries during the POR. the reimbursement of antidumping Administrative Review, 69 FR 46496
Cash–Deposit Requirements duties prior to liquidation of the (August 3, 2004).
relevant entries during this POR. Failure On August 31, 2004, we received a
In conducting recent reviews of request from the petitioner1 to review
CEMEX and GCCC, the Department has to comply with this requirement could
result in the Secretary’s presumption TAMSA. On September 22, 2004, we
observed a pattern of significant published the notice of initiation of this
differences between the weighted– that reimbursement of antidumping
antidumping duty administrative review
average margins and the assessment duties occurred and the subsequent
with respect to TAMSA. See Initiation
rates it has determined for this assessment of double antidumping
of Antidumping and Countervailing
respondent in those reviews. This duties. Duty Administrative Reviews, Requests
pattern of differences suggests that the We are issuing and publishing this for Revocation in Part, 69 FR 56745
collection of a cash deposit for notice in accordance with sections (September 22, 2004). On November 23,
estimated antidumping duty based on 751(a)(1) and 777(i)(1) of the Act. 2004, TAMSA submitted a letter
net U.S. price may result in the certifying that neither TAMSA, nor its
undercollection of estimated Dated: August 30, 2005.
U.S. affiliate, Tenaris Global Services
antidumping duties at the time of entry, Joseph A. Spetrini,
USA (‘‘Tenaris’’), directly or indirectly,
as discussed at Comment 6 of the Acting Assistant Secretary for Import exported or sold for consumption in the
‘‘Issues and Decision Memorandum for Administration. United States any subject merchandise
the Administrative Review of Gray [FR Doc. E5–4974 Filed 9–12–03; 8:45 am] during the period of review (‘‘POR’’).
Portland Cement and Clinker from BILLING CODE 3510–DS–S On May 6, 2005, the Department
Mexico August 1, 2002, through July 31, published in the Federal Register,
2003,’’ dated December 29, 2004. Certain Large Diameter Carbon and
Therefore, we have determined that it is Alloy Seamless Standard, Line and
appropriate to continue to require a per– Pressure Pipe from Mexico: Notice of
unit cash–deposit amount for entries of
subject merchandise produced or 1 The petitioner is United States Steel

exported by CEMEX and GCCC. Corporation.

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54018 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices

Intent to Rescind Administrative may be used in temperatures of up to ASTM A–106 pipes may be used in
Review, 70 FR 23988 (May 6, 2005), and 1000 degrees Fahrenheit, at various some boiler applications.
invited comments from interested American Society of Mechanical The scope of this order includes all
parties. The Department did not receive Engineers (‘‘ASME’’) code stress levels. seamless pipe meeting the physical
comments from any interested party. Alloy pipes made to ASTM A–335 parameters described above and
standard must be used if temperatures produced to one of the specifications
Scope of the Order listed above, regardless of application,
and stress levels exceed those allowed
The products covered are large for ASTM A–106. Seamless pressure with the exception of the exclusions
diameter seamless carbon and alloy pipes sold in the United States are discussed below, whether or not also
(other than stainless) steel standard, commonly produced to the ASTM A– certified to a non–covered specification.
line, and pressure pipes produced, or 106 standard. Standard, line, and pressure
equivalent, to the American Society for Seamless standard pipes are most applications and the above–listed
Testing and Materials (‘‘ASTM’’) A–53, commonly produced to the ASTM A–53 specifications are defining
ASTM A–106, ASTM A–333, ASTM A– specification and generally are not characteristics of the scope of this
334, ASTM A–589, ASTM A–795, and intended for high temperature service. review. Therefore, seamless pipes
the American Petroleum Institute They are intended for the low meeting the physical description above,
(‘‘API’’) 5L specifications and meeting temperature and pressure conveyance of but not produced to the ASTM A–53,
the physical parameters described water, steam, natural gas, air and other ASTM A–106, ASTM A–333, ASTM A–
below, regardless of application, with liquids and gasses in plumbing and 334, ASTM A–589, ASTM A–795, and
the exception of the exclusions heating systems, air conditioning units, API 5L specifications shall be covered if
discussed below. The scope of this order automatic sprinkler systems, and other used in a standard, line, or pressure
also includes all other products used in related uses. Standard pipes (depending application, with the exception of the
standard, line, or pressure pipe on type and code) may carry liquids at specific exclusions discussed below.
applications and meeting the physical elevated temperatures but must not For example, there are certain other
parameters described below, regardless exceed relevant ASME code ASTM specifications of pipe which,
of specification, with the exception of requirements. If exceptionally low because of overlapping characteristics,
the exclusions discussed below. temperature uses or conditions are could potentially be used in ASTM A–
Specifically included within the scope anticipated, standard pipe may be 106 applications. These specifications
of this order are seamless pipes greater manufactured to ASTM A–333 or ASTM generally include ASTM A–161, ASTM
than 4.5 inches (114.3 mm) up to and A–334 specifications. A–192, ASTM A–210, ASTM A–252,
including 16 inches (406.4 mm) in Seamless line pipes are intended for ASTM A–501, ASTM A–523, ASTM A–
outside diameter, regardless of wall– the conveyance of oil and natural gas or 524, and ASTM A–618. When such
thickness, manufacturing process (hot other fluids in pipe lines. Seamless line pipes are used in a standard, line, or
finished or cold–drawn), end finish pipes are produced to the API 5L pressure pipe application, such
(plain end, beveled end, upset end, specification. products are covered by the scope of
threaded, or threaded and coupled), or Seamless water well pipe (ASTM A– this order.
surface finish. 589) and seamless galvanized pipe for Specifically excluded from the scope
The seamless pipes subject to this fire protection uses (ASTM A–795) are of this order are:
order are currently classifiable under used for the conveyance of water. A. Boiler tubing and mechanical
the subheadings 7304.10.10.30, Seamless pipes are commonly tubing, if such products are not
7304.10.10.45, 7304.10.10.60, produced and certified to meet ASTM produced to ASTM A–53, ASTM
7304.10.50.50, 7304.31.60.50, A–106, ASTM A–53, API 5L–B, and API A–106, ASTM A–333, ASTM A–
7304.39.00.36 7304.39.00.40, 5L–X42 specifications. To avoid 334, ASTM A–589, ASTM A–795,
7304.39.00.44, 7304.39.00.48, maintaining separate production runs and API 5L specifications and are
7304.39.00.52, 7304.39.00.56, and separate inventories, manufacturers not used in standard, line, or
7304.39.00.62, 7304.39.00.68, typically triple or quadruple certify the pressure pipe applications.
7304.39.00.72, 7304.51.50.60, pipes by meeting the metallurgical B. Finished and unfinished oil
7304.59.60.00, 7304.59.80.30, requirements and performing the country tubular goods (‘‘OCTG’’), if
7304.59.80.35, 7304.59.80.40, required tests pursuant to the respective covered by the scope of another
7304.59.80.45, 7304.59.80.50, specifications. Since distributors sell the antidumping duty order from the
7304.59.80.55, 7304.59.80.60, vast majority of this product, they can same country. If not covered by
7304.59.80.65, and 7304.59.80.70 of the thereby maintain a single inventory to such an OCTG order, finished and
Harmonized Tariff Schedule of the service all customers. unfinished OCTG are included in
United States (‘‘HTSUS’’). The primary application of ASTM A– this scope when used in standard,
Specifications, Characteristics, and 106 pressure pipes and triple or line or pressure applications.
Uses: Large diameter seamless pipe is quadruple certified pipes in large C. Products produced to the A–335
used primarily for line applications diameters is for use as oil and gas specification unless they are used
such as oil, gas, or water pipeline, or distribution lines for commercial in an application that would
utility distribution systems. Seamless applications. A more minor application normally utilize ASTM A–53,
pressure pipes are intended for the for large diameter seamless pipes is for ASTM A–106, ASTM A–333, ASTM
conveyance of water, steam, use in pressure piping systems by A–334, ASTM A–589, ASTM A–
petrochemicals, chemicals, oil products, refineries, petrochemical plants, and 795, and API 5L specifications.
natural gas and other liquids and gasses chemical plants, as well as in power D. Line and riser pipe for deepwater
in industrial piping systems. They may generation plants and in some oil field application, i.e., line and riser pipe
carry these substances at elevated uses (on shore and off shore) such as for that is (1) used in a deepwater
pressures and temperatures and may be separator lines, gathering lines and application, which means for use in
subject to the application of external metering runs. These applications water depths of 1,500 feet or more;
heat. Seamless carbon steel pressure constitute the majority of the market for (2) intended for use in and is
pipe meeting the ASTM A–106 standard the subject seamless pipes. However, actually used for a specific

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Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices 54019

deepwater project; (3) rated for a the Department’s regulations, rescind comments and information provided for
specified minimum yield strength this review. We invited interested this review, we preliminarily determine
of not less than 60,000 psi; and (4) parties to comment on our intent to that it is appropriate to take the
not identified or certified through rescind the administrative review. No following course of action in order to
the use of a monogram, stencil, or comments were submitted. protect the integrity of the Department’s
otherwise marked with an API Consequently, the Department proceedings: (1) Revise TKS’ margin for
specification (e.g., ‘‘API 5L’’). continues to treat TAMSA as a non– the 1997–1998 review to apply a rate of
With regard to the excluded products shipper for the purpose of this review. 59.67 percent based on adverse facts
listed above, the Department will not Therefore, in accordance with section available; (2) rescind the revocation of
instruct U.S. Customs and Border 351.213(d)(3) of the Department’s the antidumping duty order for TKS
Protection to require end–use regulations, and consistent with our because TKS no longer qualifies for
certification until such time as practice, we are rescinding this review revocation based on three consecutive
petitioner or other interested parties because TAMSA was the only company administrative reviews resulting in zero
provide to the Department a reasonable for which a review was requested and dumping margins; and (3) reconsider
basis to believe or suspect that the we have determined that TAMSA did the revocation of the order under the
products are being utilized in a covered not have entries of subject merchandise sunset review provision of the statute
application. If such information is manufactured, produced or exported by (section 751(c) of the Tariff Act of 1930,
provided, the Department will require TAMSA during the POR. See, e.g., as amended (the Act)). If these
end–use certification only for the Polychloroprene Rubber from Japan: preliminary results are confirmed in the
product(s) (or specification(s)) for which Notice of Rescission of Antidumping final results, the Department will revise
evidence is provided that such products Duty Administrative Review, 66 FR TKS’ margin for the 1997–1998 review,
are being used in a covered application 45005 (August 27, 2001). rescind the revocation of the
as described above. For example, if, We are issuing this notice is in antidumping duty order for TKS, and
based on evidence provided by accordance with section 751(a)(1) of the initiate a new sunset review to
petitioner, the Department finds a Tariff Act of 1930, as amended, and reconsider the revocation of this order.
reasonable basis to believe or suspect section 351.213(d) of the Department’s Interested parties are invited to
that seamless pipe produced to the A– regulations. comment on these preliminary results.
335 specification is being used in an A–
Dated: September 6, 2005. EFFECTIVE DATE: September 13, 2005.
106 application, it will require end–use
certifications for imports of that
specification. Normally, the Department Acting Deputy Assistant Secretary for Import David Goldberger or Kate Johnson,
will require only the importer of record Administration. Import Administration, International
to certify to the end–use of the imported [FR Doc. E5–4975 Filed 9–12–05; 8:45 am] Trade Administration, U.S. Department
merchandise. If it later proves necessary BILLING CODE 3510–DS–S
of Commerce, 14th Street and
for adequate implementation, the Constitution Avenue, NW., Washington,
Department may also require producers DC 20230; telephone (202) 482–4136
who export such products to the United DEPARTMENT OF COMMERCE and (202) 482–4929, respectively.
States to provide such certification on SUPPLEMENTARY INFORMATION:
invoices accompanying shipments to International Trade Administration
the United States. [A–588–837]
Although the HTSUS subheadings are On September 4, 1996, the
provided for convenience and customs Large Newspaper Printing Presses and Department published in the Federal
purposes, the written description of the Components Thereof, Whether Register an amended final
merchandise subject to this scope is Assembled or Unassembled, From determination and antidumping duty
dispositive. Japan: Preliminary Results of Changed order on large newspaper printing
Circumstances Review presses and components thereof,
Rescission of Fourth Administrative whether assembled or unassembled,
Review AGENCY: Import Administration, from Japan (LNPPs) (61 FR 46621)
On May 6, 2005, the Department International Trade Administration, (Amended Final and Order). One of the
published in the Federal Register its Department of Commerce. producers/exporters covered by the
intent to rescind the administrative SUMMARY: On May 10, 2005, the order was TKS. Its rate from the less-
review. See Certain Large Diameter Department of Commerce (the than-fair-value investigation was 56.28
Carbon and Alloy Seamless Standard, Department) self-initiated a changed percent. The Department conducted
Line and Pressure Pipe: Notice to Intent circumstances review to consider administrative reviews of TKS for the
to Rescind Administrative Review, 70 information contained in a recent following periods: September 1, 1997–
FR 23988 (May 6, 2005). In that notice Federal court decision, Goss August 31, 1998, September 1, 1998–
we stated that, based on our shipment International Corp. v. Tokyo Kikai August 31, 1999, and September 1,
data query and examination of entry Seisakusho, Ltd., 321 F.Supp.2d 1039 1999–August 31, 2000. The
documents, (see Memorandum dated (N.D. Iowa 2004) (Goss Int’l). As administrative review for the 2000–2001
February 24, 2005, entitled ‘‘Request for detailed in our ‘‘Notice of Initiation of review period was rescinded. A zero
U.S. Entry Documents–Certain Large the Changed Circumstances Review,’’ margin was found for TKS in the 1997–
Diameter Carbon and Alloy Seamless evidence was presented in that court 1998, 1998–1999, and 1999–2000
Standard, Line and Pressure Pipe from proceeding demonstrating that Tokyo review periods. On January 16, 2002,
Mexico, Customs Case Number A–201– Kikai Seisakusho, Ltd. (TKS) the antidumping duty order was
827’’ and Memorandum dated April 14, intentionally provided false information revoked with respect to TKS (see Large
2005, entitled ‘‘Memorandum to File: regarding its sale to the Dallas Morning Newspaper Printing Presses and
Customs Data Entry Results’’) we should News (DMN), the subject of the Components Thereof, Whether
treat TAMSA as a non–shipper and, in Department’s 1997–1998 administrative Assembled or Unassembled, From
accordance with section 351.213(d)(3) of review. After consideration of Japan: Final Results of Antidumping

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