India, Oman, UAE and Vietnam Steel Pipe: Deadlines for New AD/CV Duty Investigations

The ITA will determine whether imports of circular welded carbon-quality steel pipe from India, Oman, UAE, and Vietnam are being, or are likely to be, sold in the U.S. at less than fair value, and whether manufacturers, producers, or exporters of circular welded carbon-quality steel pipe in India, Oman, UAE, and Vietnam receive countervailable subsidies.

The AD period of investigation for India, Oman, and UAE is October 1, 2010 through September 30, 2011. The AD period of investigation for Vietnam is April 1, 2011 through September 30, 2011. The CV period of investigation is January 1, 2010 through December 31, 2010.

Comments on CV Respondent Selection due Approx Nov 29

For the CV duty investigations, the ITA expects to select respondents based on U.S. Customs and Border Protection data for U.S. imports during the period of investigation under the following Harmonized Tariff Schedule 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, and 7306.30.50.90. The ITA invites comments regarding the CBP data and respondent selection in the CV duty investigations by approximately November 29, 2011 (i.e., within 7 calendar days of November 22, 2011).

The ITA states that it expects to make its decision regarding respondent selection within 20 days of November 22, 2011.

Comments on Scope of Investigations due Dec 5

Comments on the scope of the AD and CV duty investigations are due by December 5, 2011. (See scope below.)

Comments on Product for AD Questionnaires due Dec 9

Comments on product characteristics to be reported in response to AD questionnaires must be submitted by December 9, 2011.

Respondent Selection for India - AD Duty Order Already Exists

At the time of the filing of the petition for this case, there was an existing antidumping duty order on welded steel pipe and tube from India. Therefore, the scope of this investigation covers merchandise manufactured and/or exported by Zenith Steel Pipes and Industries Ltd., and any successors-in-interest to that company, which is the only company excluded from the 1986 order known to exist. (Petitioners have referred to Zenith Steel Pipes and Industries Ltd. and Zenith Birla India Limited interchangeably.)

The ITA intends to issue the questionnaire to both of these named entities, and during the investigation will examine whether Zenith Birla India Limited is properly considered the successor-in-interest to Zenith Steel Pipes and Industries Ltd.

Respondent Selection for Oman and UAE -- Comments due by Approx Nov 29

The ITA intends to select respondents for Oman and the UAE based on CBP data for U.S. imports under the following Harmonized Tariff Schedule 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, and 7306.30.50.90.

The Department invites comments regarding the CBP data and respondent selection by approximately November 29, 2011 (i.e., within seven days of November 22, 2011). The ITA says it will make its decision regarding respondent selection within 20 days of November 22, 2011.

Respondent Selection for Vietnam -- AD Q&V Questionnaires Due by Dec 6

For the Vietnam investigation, the Department will request quantity and value information from the ten known exporters/producers identified with complete contact information in the Petitions. The quantity and value data received from NME exporters/producers will be used as the basis to select the mandatory respondents.

Q&V questionnaires are available here. Responses to the Q&V questionnaire are due no later than December 6, 2011. Also, the ITA will send the Q&V questionnaire to those Vietnamese companies identified in Volume I of the Petitions, at Exhibit I--4.

Vietnam AD Separate Rate Applications due Jan 23

For AD investigations involving NME countries such as Vietnam, the ITA requires that respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.

In order to obtain separate rate status in NME investigations, exporters and producers must submit a separate-rate status application by January 23, 2012. The separate rate application for Vietnam is available here.

The ITA will also calculate combination rates for certain respondents that are eligible for a separate rate in the AD investigation.

Targeted Dumping Allegations due 45 Days Before April 3

Any interested party that wishes to make a targeted dumping allegation in the AD investigations may submit allegations no later than 45 days before April 3, 2012 (the scheduled date of the ITA’s preliminary determination).

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives 08121525 and 09011535 for summaries of the interim final rule and extension of the comment period.)

Scope of the AD/CV Investigations

These investigations cover welded carbon-quality steel pipes and tube, of circular cross-section, with an outside diameter (‘‘O.D.’’) not more than 16 inches (406.4 mm), regardless of wall thickness, surface finish (e.g., black, galvanized, or painted), end finish (plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification (e.g., American Society for Testing and Materials International (‘‘ASTM’’), proprietary, or other) generally known as standard pipe, fence pipe and tube, sprinkler pipe, and structural pipe (although subject product may also be referred to as 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;

(xiv) 0.15 percent of zirconium.

Subject pipe is ordinarily made to ASTM specifications A53, A135, and A795, but can also be made to other specifications. Structural pipe is made primarily to ASTM specifications A252 and A500. Standard and structural pipe may also be produced to proprietary specifications rather than to industry specifications. Fence tubing is included in the scope regardless of certification to a specification listed in the exclusions below, and can also be made to the ASTM A513 specification. Sprinkler pipe is designed for sprinkler fire suppression systems and may be made to industry specifications such as ASTM A53 or to proprietary specifications. These products are generally made to standard O.D. and wall thickness combinations. Pipe multi-stenciled to a standard and/or structural specification and to other specifications, such as American Petroleum Institute (‘‘API’’) API--5L specification, is also covered by the scope of these investigations 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 (50mm) in outside diameter; has a galvanized and/or painted (e.g., polyester coated) surface finish; or has a threaded and/or coupled end finish.

The scope of these investigations does not include: (a) Pipe suitable for use in boilers, superheaters, heat exchangers, refining furnaces and feedwater heaters, whether or not cold drawn; (b) finished electrical conduit; (c) finished scaffolding¹; (d) tube and pipe hollows for redrawing; (e) oil country tubular goods produced to API specifications; (f) line pipe produced to only API specifications; and (g) mechanical tubing, whether or not cold-drawn. However, products certified to ASTM mechanical tubing specifications are not excluded as mechanical tubing if they otherwise meet the standard sizes (e.g., outside diameter and wall thickness) of standard, structural, fence and sprinkler pipe. Also, products made to the following outside diameter and wall thickness combinations, which are recognized by the industry as typical for fence tubing, would not be excluded from the scope based solely on their being certified to ASTM mechanical tubing specifications:

1.315 inch O.D. and 0.035 inch wall thickness (gage 20);

1.315 inch O.D. and 0.047 inch wall thickness (gage 18);

1.315 inch O.D. and 0.055 inch wall thickness (gage 17);

1.315 inch O.D. and 0.065 inch wall thickness (gage 16);

1.315 inch O.D. and 0.072 inch wall thickness (gage 15);

1.315 inch O.D. and 0.083 inch wall thickness (gage 14);

1.315 inch O.D. and 0.095 inch wall thickness (gage 13);

1.660 inch O.D. and 0.047 inch wall thickness (gage 18);

1.660 inch O.D. and 0.055 inch wall thickness (gage 17);

1.660 inch O.D. and 0.065 inch wall thickness (gage 16);

1.660 inch O.D. and 0.072 inch wall thickness (gage 15);

1.660 inch O.D. and 0.083 inch wall thickness (gage 14);

1.660 inch O.D. and 0.095 inch wall thickness (gage 13);

1.660 inch O.D. and 0.109 inch wall thickness (gage 12);

1.900 inch O.D. and 0.047 inch wall thickness (gage 18);

1.900 inch O.D. and 0.055 inch wall thickness (gage 17);

1.900 inch O.D. and 0.065 inch wall thickness (gage 16);

1.900 inch O.D. and 0.072 inch wall thickness (gage 15);

1.900 inch O.D. and 0.095 inch wall thickness (gage 13);

1.900 inch O.D. and 0.109 inch wall thickness (gage 12);

2.375 inch O.D. and 0.047 inch wall thickness (gage 18);

2.375 inch O.D. and 0.055 inch wall thickness (gage 17);

2.375 inch O.D. and 0.065 inch wall thickness (gage 16);

2.375 inch O.D. and 0.072 inch wall thickness (gage 15);

2.375 inch O.D. and 0.095 inch wall thickness (gage 13);

2.375 inch O.D. and 0.109 inch wall thickness (gage 12);

2.375 inch O.D. and 0.120 inch wall thickness (gage 11);

2.875 inch O.D. and 0.109 inch wall thickness (gage 12);

2.875 inch O.D. and 0.134 inch wall thickness (gage 10);

2.875 inch O.D. and 0.165 inch wall thickness (gage 8);

3.500 inch O.D. and 0.109 inch wall thickness (gage 12);

3.500 inch O.D. and 0.148 inch wall thickness (gage 9);

3.500 inch O.D. and 0.165 inch wall thickness (gage 8);

4.000 inch O.D. and 0.148 inch wall thickness (gage 9);

4.000 inch O.D. and 0.165 inch wall thickness (gage 8);

4.500 inch O.D. and 0.203 inch wall thickness (gage 7).

The pipe subject to these investigations are currently classifiable in Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) statistical reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 7306.50.5050, and 7306.50.5070. However, the product description, and not the HTSUS classification, is dispositive of whether the merchandise imported into the United States falls within the scope of the investigations.

¹ Finished scaffolding is defined as component parts of a final, finished scaffolding that enters the United States unassembled as a ‘‘kit.’’ A ‘‘kit’’ is understood to mean a packaged combination of component parts that contain, at the time of importation, all the necessary component parts to fully assemble a final, finished scaffolding.

Additional Information for Scope of India AD Investigation

The scope for the India AD investigation includes the following additional information:

At the time of the filing of the petition for this case, there was an existing antidumping duty order on welded steel pipe and tube from India. Therefore, the scope of this investigation covers merchandise manufactured and/or exported by Zenith Steel Pipes and Industries Ltd., and any successors-in-interest to that company, which is the only company excluded from the 1986 order known to exist.

(See ITT’s Online Archives 11110217 for announcement of International Trade Commission's institution of the companion injury investigations.)

(FR Pub 11/22/11, ITA Case Nos. A-533-852, A-523-801, A-520-805, A-522-811, C-533-853, C-523-802, C-520-806, and C-552-810.)

The AD initiation notice is available here.

The CV initiation notice is available here.

ITA fact sheet available here.