Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Notice of Amended Affirmative Preliminary Countervailing Duty Determination, 73322-73323 [E7-25083]
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Federal Register / Vol. 72, No. 247 / Thursday, December 27, 2007 / Notices
FOR FURTHER INFORMATION CONTACT:
David Cordell or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Room 7866, Washington,
DC 20230; telephone: (202) 482–0408
and (202) 482–0649, respectively.
mstockstill on PROD1PC66 with NOTICES
Background
On October 29, 2002, the Department
published in the Federal Register an
antidumping duty order on carbon and
certain alloy steel wire rod (steel wire
rod) from Canada. See Notice of
Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order: Carbon and
Certain Alloy Steel Wire Rod from
Canada, 67 FR 65944 (October 29, 2002)
(Order).
On October 1, 2007, the Department
issued a notice of opportunity to request
an administrative review of this order
for the October 1, 2006 through
September 30, 2007 period of review.
See Antidumping or Countervailing
Duty Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 72 FR 55741
(October 1, 2007). Administrative
reviews were requested for Ivaco Rolling
Mills 2004 (formerly Ivaco Rolling Mills
L.P.), Sivaco Ontario, a division of
Sivaco Wire Group 2004 L.P. (formerly
Ivaco, Inc.), and Mittal Canada Inc.
(formerly Ispat Sidbec Inc.). On
November 26, 2007, the Department
initiated a review of these companies.
See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 65938 (November 26, 2007).
Rescission in Part, of Administrative
Review
The applicable regulation, 19 CFR
351.213(d)(1), states that if a party that
requested an administrative review
withdraws the request within 90 days of
the publication of the notice of
initiation of the requested review, the
Secretary will rescind the review in
whole or in part. Mittal Canada Inc.
(formerly Ispat Sidbec Inc.) made a
timely withdrawal of its request for an
administrative review within the 90-day
deadline. Because no other party
requested an administrative review of
that company, we are rescinding the
review with regard to Mittal Canada Inc.
(formerly Ispat Sidbec Inc.).
The Department intends to issue
appropriate assessment instructions
directly to U.S. Customs and Border
Protection (CBP) 15 days after the
publication of this notice. The
Department will direct CBP to assess
VerDate Aug<31>2005
18:00 Dec 26, 2007
Jkt 214001
antidumping duties for this company at
the cash deposit rate in effect on the
date of entry for entries during the
period October 1, 2006, to September
30, 2007.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
section 351.402(f) of the Department’s
regulations to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this period of
time. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double antidumping duties.
published on November 30, 2007, that
countervailable subsidies are being
provided to producers and exporters of
light-walled rectangular pipe and tube
from the People’s Republic of China.
EFFECTIVE DATE: December 27, 2007.
FOR FURTHER INFORMATION CONTACT:
Damian Felton or Shane Subler, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0133 and (202)
482–0189, respectively.
SUPPLEMENTARY INFORMATION:
Background
International Trade Administration
We initiated a countervailing duty
investigation on light-walled rectangular
pipe and tube (‘‘LWRP’’) from the
People’s Republic of China (‘‘PRC’’). See
Notice of Initiation of Countervailing
Duty Investigation: Light-Walled
Rectangular Pipe and Tube from the
People’s Republic of China, 72 FR 40281
(July 24, 2007). On November 30, 2007,
we published our preliminary
determination stating that
countervailable subsidies are being
provided to producers and exporters of
LWRP from the PRC. See Light-walled
Rectangular Pipe and Tube from the
People’s Republic of China: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Countervailing Duty Determination with
Final Antidumping Duty Determination,
72 FR 67703 (November 30, 2007)
(‘‘Preliminary Determination’’). On
December 3, 2007, Zhangjiagang
Zhongyuan Pipe-making Co., Ltd.
(‘‘ZZPC’’) filed a timely allegation of a
significant ministerial error contained in
the Department’s Preliminary
Determination. After reviewing the
allegation, we have determined that the
Preliminary Determination included a
significant ministerial error. Therefore,
in accordance with 19 CFR 351.224(e),
we have made changes, as described
below, to the Preliminary
Determination.
[C–570–915]
Scope of the Investigation
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Notice of Amended Affirmative
Preliminary Countervailing Duty
Determination
The merchandise that is the subject of
this investigation is certain welded
carbon-quality light-walled steel pipe
and tube, of rectangular (including
square) cross section (LWR), having a
wall thickness of less than 4mm.
The term carbon-quality steel
includes both carbon steel and alloy
steel which contains only small
amounts of alloying elements.
Specifically, the term carbon-quality
includes products in which none of the
elements listed below exceeds the
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with section 351.305(a)(3) of the
Department’s regulations. Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This notice is issued and published in
accordance with section 351.213(d)(4) of
the Department’s regulations and
sections 751(a)(1) and 777(i)(1) of the
Tariff Act of 1930, as amended.
Dated: December 17, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary, for Import
Administration.
[FR Doc. 07–6217 Filed 12–26–07; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The purpose of this amended
affirmative preliminary determination is
to correct a significant ministerial error
in the preliminary determination,
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 72, No. 247 / Thursday, December 27, 2007 / Notices
quantity by weight respectively
indicated: 1.80 percent of manganese, or
2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.15 percent vanadium, or
0.15 percent of zirconium. The
description of carbon-quality is
intended to identify carbon-quality
products within the scope. The welded
carbon-quality rectangular pipe and
tube subject to this investigation is
currently classified under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings
7306.61.50.00 and 7306.61.70.60. While
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
investigation is dispositive.
Analysis of Alleged Significant
Ministerial Error
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ With respect to
preliminary determinations, 19 CFR
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination * * *’’ A significant
ministerial error is defined as an error,
the correction of which, singly or in
combination with other errors, would
result in (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the
countervailable subsidy rate calculated
in the original (erroneous) preliminary
determination; or (2) a difference
between a countervailable subsidy rate
of zero (or de minimis) and a
countervailable subsidy rate of greater
than de minimis or vice versa. See 19
CFR 351.224(g). We have determined
that the Preliminary Determination
contained a ‘‘significant’’ ministerial
error with respect to ZZPC. See
Memorandum to Susan Kuhbach,
Director, Office 1, AD/CVD Operations,
entitled, ‘‘Ministerial Error Allegation’’
(December 19, 2007) for the analysis
performed. This memorandum is on file
in the Department’s Central Records
Unit in Room B–099 of the main
Department building.
Amended Preliminary Determination
Because the error alleged by ZZPC
regarding the countervailable subsidy
rate calculation for ZZPC was
significant, we have amended the
preliminary countervailing duty rate
calculation for ZZPC, pursuant to 19
CFR 351.224(e). In addition, the
correction to ZZPC’s rate also affects the
rates established for Qingdao Xiangxing
Steel Pipe Co. (‘‘Qingdao’’) and the allothers rate. The preliminary net
countervailable subsidy rate for
Kunshan Lets Win Steel Machinery Co.,
Ltd. (‘‘Lets Win’’) remains unchanged
from the Preliminary Determination at
0.27 percent. As a result of corrections
of ministerial errors, the amended
preliminary net countervailable subsidy
rates are as follows:
Original
subsidy rate
Exporter/manufacturer
Kunshan Lets Win Steel Machinery Co., Ltd ..............................................................................................
Qingdao Xiangxing Steel Pipe Co ...............................................................................................................
Zhangjiagang Zhongyuan Pipe-making Co., Ltd., Jiangsu Qiyuan Group Co, Ltd ....................................
All Others .....................................................................................................................................................
mstockstill on PROD1PC66 with NOTICES
Suspension of Liquidation
The collection of bonds or cash
deposits and suspension of liquidation
will be revised, in accordance with
section 703(d) and (f) of the Act.
Specifically, we will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to continue to suspend liquidation of all
entries of LWRP from the PRC on or
after the date of publication of this
notice in the Federal Register. However,
neither the suspension of liquidation
nor the requirement for a cash deposit
or bond will apply to merchandise
produced and exported by Lets Win or
ZZPC because the Department has
preliminarily determined that Lets Win
and ZZPC received de minimis
subsidies.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we have notified the U.S.
International Trade Commission (‘‘ITC’’)
of our amended affirmative preliminary
determination. If our final
countervailing duty determination is
affirmative, the ITC will determine
VerDate Aug<31>2005
18:00 Dec 26, 2007
Jkt 214001
whether the imports covered by that
determination are materially injuring, or
threatening material injury to, the U.S.
industry.
This determination is issued and
published pursuant to sections 703(f)
and 777(i)(1) of the Act.
Dated: December 19, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–25083 Filed 12–26–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
International Trade
Administration, Commerce.
ACTION: Notice of Issuance of an Export
Trade Certificate of Review, Application
No. 07–00003.
AGENCY:
SUMMARY: On December 19, 2007, the
U.S. Department of Commerce issued an
Export Trade Certificate of Review to
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
73323
0.27
77.85
2.99
2.99
Amended subsidy rate
0.27.
45.6 percent.
0.90 percent.
15.59 percent.
Global Express Trading, LLC (‘‘GET’’).
This notice summarizes the conduct for
which certification has been granted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number), or by E-mail at
oetca@ita.doc.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR Part 325
(2006).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR 325.6(b), which requires the
U.S. Department of Commerce to
publish a summary of the certification
in the Federal Register. Under Section
305(a) of the Act and 15 CFR 325.11(a),
any person aggrieved by the Secretary’s
determination may, within 30 days of
the date of this notice, bring an action
in any appropriate district court of the
E:\FR\FM\27DEN1.SGM
27DEN1
]]>Agencies
[Federal Register Volume 72, Number 247 (Thursday, December 27, 2007)]
[Notices]
[Pages 73322-73323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25083]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-915]
Light-Walled Rectangular Pipe and Tube From the People's Republic
of China: Notice of Amended Affirmative Preliminary Countervailing Duty
Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The purpose of this amended affirmative preliminary
determination is to correct a significant ministerial error in the
preliminary determination, published on November 30, 2007, that
countervailable subsidies are being provided to producers and exporters
of light-walled rectangular pipe and tube from the People's Republic of
China.
EFFECTIVE DATE: December 27, 2007.
FOR FURTHER INFORMATION CONTACT: Damian Felton or Shane Subler, AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0133 and (202) 482-0189, respectively.
SUPPLEMENTARY INFORMATION:
Background
We initiated a countervailing duty investigation on light-walled
rectangular pipe and tube (``LWRP'') from the People's Republic of
China (``PRC''). See Notice of Initiation of Countervailing Duty
Investigation: Light-Walled Rectangular Pipe and Tube from the People's
Republic of China, 72 FR 40281 (July 24, 2007). On November 30, 2007,
we published our preliminary determination stating that countervailable
subsidies are being provided to producers and exporters of LWRP from
the PRC. See Light-walled Rectangular Pipe and Tube from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Countervailing Duty Determination
with Final Antidumping Duty Determination, 72 FR 67703 (November 30,
2007) (``Preliminary Determination''). On December 3, 2007,
Zhangjiagang Zhongyuan Pipe-making Co., Ltd. (``ZZPC'') filed a timely
allegation of a significant ministerial error contained in the
Department's Preliminary Determination. After reviewing the allegation,
we have determined that the Preliminary Determination included a
significant ministerial error. Therefore, in accordance with 19 CFR
351.224(e), we have made changes, as described below, to the
Preliminary Determination.
Scope of the Investigation
The merchandise that is the subject of this investigation is
certain welded carbon-quality light-walled steel pipe and tube, of
rectangular (including square) cross section (LWR), having a wall
thickness of less than 4mm.
The term carbon-quality steel includes both carbon steel and alloy
steel which contains only small amounts of alloying elements.
Specifically, the term carbon-quality includes products in which none
of the elements listed below exceeds the
[[Page 73323]]
quantity by weight respectively indicated: 1.80 percent of manganese,
or 2.25 percent of silicon, or 1.00 percent of copper, or 0.50 percent
of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or
0.15 percent vanadium, or 0.15 percent of zirconium. The description of
carbon-quality is intended to identify carbon-quality products within
the scope. The welded carbon-quality rectangular pipe and tube subject
to this investigation is currently classified under the Harmonized
Tariff Schedule of the United States (``HTSUS'') subheadings
7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings are provided
for convenience and customs purposes, our written description of the
scope of this investigation is dispositive.
Analysis of Alleged Significant Ministerial Error
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' With respect to preliminary determinations, 19 CFR
351.224(e) provides that the Department ``will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination * * *'' A significant
ministerial error is defined as an error, the correction of which,
singly or in combination with other errors, would result in (1) a
change of at least five absolute percentage points in, but not less
than 25 percent of, the countervailable subsidy rate calculated in the
original (erroneous) preliminary determination; or (2) a difference
between a countervailable subsidy rate of zero (or de minimis) and a
countervailable subsidy rate of greater than de minimis or vice versa.
See 19 CFR 351.224(g). We have determined that the Preliminary
Determination contained a ``significant'' ministerial error with
respect to ZZPC. See Memorandum to Susan Kuhbach, Director, Office 1,
AD/CVD Operations, entitled, ``Ministerial Error Allegation'' (December
19, 2007) for the analysis performed. This memorandum is on file in the
Department's Central Records Unit in Room B-099 of the main Department
building.
Amended Preliminary Determination
Because the error alleged by ZZPC regarding the countervailable
subsidy rate calculation for ZZPC was significant, we have amended the
preliminary countervailing duty rate calculation for ZZPC, pursuant to
19 CFR 351.224(e). In addition, the correction to ZZPC's rate also
affects the rates established for Qingdao Xiangxing Steel Pipe Co.
(``Qingdao'') and the all-others rate. The preliminary net
countervailable subsidy rate for Kunshan Lets Win Steel Machinery Co.,
Ltd. (``Lets Win'') remains unchanged from the Preliminary
Determination at 0.27 percent. As a result of corrections of
ministerial errors, the amended preliminary net countervailable subsidy
rates are as follows:
------------------------------------------------------------------------
Original
Exporter/manufacturer subsidy rate Amended subsidy rate
------------------------------------------------------------------------
Kunshan Lets Win Steel 0.27 0.27.
Machinery Co., Ltd.
Qingdao Xiangxing Steel Pipe 77.85 45.6 percent.
Co.
Zhangjiagang Zhongyuan Pipe- 2.99 0.90 percent.
making Co., Ltd., Jiangsu
Qiyuan Group Co, Ltd.
All Others.................. 2.99 15.59 percent.
------------------------------------------------------------------------
Suspension of Liquidation
The collection of bonds or cash deposits and suspension of
liquidation will be revised, in accordance with section 703(d) and (f)
of the Act. Specifically, we will instruct U.S. Customs and Border
Protection (``CBP'') to continue to suspend liquidation of all entries
of LWRP from the PRC on or after the date of publication of this notice
in the Federal Register. However, neither the suspension of liquidation
nor the requirement for a cash deposit or bond will apply to
merchandise produced and exported by Lets Win or ZZPC because the
Department has preliminarily determined that Lets Win and ZZPC received
de minimis subsidies.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we have notified the
U.S. International Trade Commission (``ITC'') of our amended
affirmative preliminary determination. If our final countervailing duty
determination is affirmative, the ITC will determine whether the
imports covered by that determination are materially injuring, or
threatening material injury to, the U.S. industry.
This determination is issued and published pursuant to sections
703(f) and 777(i)(1) of the Act.
Dated: December 19, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-25083 Filed 12-26-07; 8:45 am]
BILLING CODE 3510-DS-P
