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]

Download as PDF 73322 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 Frm 00013 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]


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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