The merchandise subject to this proceeding is certain welded carbon quality steel pipes and tubes, of circular cross-section, and with an outside diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches (406.4 mm), whether or not stenciled, regardless of wall thickness, surface finish (e.g., black, galvanized, or painted), end finish (e.g., plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification (e.g., ASTM, proprietary, or other), generally known as standard pipe and structural pipe (they may also be referred to as circular, structural, or 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; or
(xiv) 0.15 percent of zirconium.
Standard pipe is made primarily to American Society for Testing and Materials (“ASTM”) specifications, but can be made to other specifications. Standard pipe is made primarily to ASTM specifications A-53, A-135, and A-795. Structural pipe is made primarily to ASTM specifications A-252 and A-500. Standard and structural pipe may also be produced to proprietary specifications rather than to industry specifications. This is often the case, for example, with fence tubing. Pipe multiple-stenciled to a standard and/or structural specification and to any other specification, such as the American Petroleum Institute (“API”) API-5L specification, is also covered by the scope of this investigation 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 (50 mm) in outside diameter; has a galvanized and/or painted surface finish; or has a threaded and/or coupled end finish. (The term “painted” does not include coatings to inhibit rust in transit, such as varnish, but includes coatings such as polyester.)
The scope of this investigation does not include: (a) pipe suitable for use in boilers, superheaters, heat exchangers, condensers, refining furnaces and feedwater heaters, whether or not cold drawn; (b) mechanical tubing, whether or not cold-drawn; (c) finished electrical conduit; (d) finished scaffolding; (e) tube and pipe hollows for redrawing; (f) oil country tubular goods produced to API specifications; and (g) line pipe produced to only API specifications.
The pipe products that are the subject of this investigation are currently classifiable in HTSUS statistical reporting 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, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. However, the product description, and not the Harmonized Tariff Schedule of the United States (“HTSUS”) classification, is dispositive of whether merchandise imported into the United States falls within the scope of the investigation.
Scope Rulings Made Between April 1, 2015 and June 31, 2015:
Requestor: Unique Fire Stop Products, Inc. (UFS); Smooth Fire Stop Sleeve System products are not within the scope, which states that covered products are “generally known as standard and structural pipe.” UFS’ product could not be used for the purposes for which standard or structural pipe are used; June 10, 2015.
Scope Rulings Made Between January 1, 2014 and March 31, 2014
Requestor: Cintube Ltd. (``Cintube''); Cintube's 45[deg] and 90[deg] bend pipes, which are Chinese-origin pipes further processed and heat treated in Canada to create bends at various angles, are not covered by the scopes of the AD and CVD orders because they are pipe fittings, which consist of additional distinguishing physical characteristics not contemplated by the scope of the orders; February 20, 2014.
Scope Rulings Made Between July 1, 2012, and September 30, 2012
Requestor: LDA Incopordo; electrical rigid metal steel conduits are not within the scope of the antidumping and countervailing duty orders; July 2, 2012.
Scope Rulings Completed Between April 1, 2012, and June 30, 2012
Requestor: All Tools Inc.; electrical rigid metal conduit steel and electrical metallic tubing are not within the scope of the antidumping and countervailing duty orders; May 21, 2012.
Scope Rulings Completed Between July 1, 2009, and September 30, 2009
Requestor: Constantine N. Polites and Company; unfinished scaffolding pipe is within the scope of the antidumping duty order; August 12, 2009.
Scope Rulings Completed Between July 1, 2009, and September 30, 2009
Requestor: Tubos California; steel pipes used in water delivery systems, water and sewer purification systems and/or water filtration systems are within the scope of the antidumping duty order; July 21, 2009.
Scope Rulings Made Between April 1, 2015 and June 31, 2015:
Requestor: Unique Fire Stop Products, Inc. (UFS); Smooth Fire Stop Sleeve System products are not within the scope, which states that covered products are “generally known as standard and structural pipe.” UFS’ product could not be used for the purposes for which standard or structural pipe are used; June 10, 2015. |