Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 42545-42547 [E8-16753]
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Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices
sroberts on PROD1PC70 with NOTICES
that the item will be, or is intended to
be, exported from the United States; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by any Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by any Denied Person if such
service involves the use of any item
subject to the EAR that has been or will
be exported from the United States. For
purposes of this paragraph, servicing
means installation, maintenance, repair,
modification or testing.
Third, that after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to any of the
Respondents by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of this Order.
Fourth, that this Order does not
prohibit any export, re-export, or other
transaction subject to the EAR where the
only items involved that are subject to
the EAR are the foreign produced direct
product of U.S.-origin technology.
In accordance with the provisions of
Section 766.24(e) of the EAR, Ankair
may, at any time, appeal this Order by
filing a full written statement in support
of the appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard AU Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. The
Respondents may oppose a request to
renew this Order by filing a written
submission with the Assistant Secretary
for Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served
on Ankair and shall be published in the
Federal Register.
This Order is effective upon
publication in the Federal Register and
shall remain in effect until the
expiration of the TDO on December 3,
2008, unless renewed in accordance
with the Regulations.
Entered this 10th day of July, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E8–16425 Filed 7–21–08; 8:45 am]
BILLING CODE 3510–DT–M
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19:47 Jul 21, 2008
Jkt 214001
DEPARTMENT OF COMMERCE
International Trade Administration
(C–570–911)
Circular Welded Carbon Quality Steel
Pipe from the People’s Republic of
China: Notice of Amended Final
Affirmative Countervailing Duty
Determination and Notice of
Countervailing Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing a
countervailing duty order on circular
welded carbon quality steel pipe (CWP)
from the People’s Republic of China
(PRC). On July 15, 2008, the ITC notified
the Department of its affirmative
determination of material injury to a
U.S. industry. See Circular Welded
Carbon–Quality Steel Pipe from China,
USITC Pub. 4019, Investigation Nos.
701–TA–447 and 731–TA–1116 (Final)
(July 2008).
EFFECTIVE DATE: July 22, 2008.
FOR FURTHER INFORMATION CONTACT:
Shane Subler and Damian Felton at
(202) 482–0189 and (202) 482–0133,
respectively, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230.
AGENCY:
Background
On June 5, 2008, the Department
published its final determination in the
countervailing duty investigation of
CWP from the PRC. See Circular Welded
Carbon Quality Steel Pipe from the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination and Final Affirmative
Determination of Critical
Circumstances, 73 FR 31966 (June 5,
2008) (Final Determination).
On July 15, 2008, the ITC notified the
Department of its final determination
pursuant to sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Tariff Act of 1930,
as amended (the Act), that an industry
in the United States is materially
injured by reason of subsidized imports
of subject merchandise the PRC. The
ITC also determined that critical
circumstances do not exist. See Circular
Welded Carbon–Quality Steel Pipe from
China (Investigation Nos. 701–TA–447
and 731–TA–1116 (Final), USITC
Publication 4019, July 2008).
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42545
Scope of the Order
The scope of this order covers 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.)
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42546
Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices
The scope of this order 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 order 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
order.
sroberts on PROD1PC70 with NOTICES
Amendment to the Final Determination
In accordance with sections 705(d)
and 777(i)(1) of the Act, on June 5, 2008,
the Department published its notice of
final affirmative countervailing duty
determination in the countervailing
duty investigation of CWP from the
PRC. See Final Determination, 73 FR
31966, and corresponding ‘‘Issues and
Decision Memorandum’’ (May 29,
2008). On June 16, 2008, the petitioners1
filed timely allegations stating that the
Department made six ministerial errors
in its final determination. No rebuttal
comments were received.
After analyzing all petitioners’
comments, we have determined, in
accordance with 19 CFR 351.224(e), that
we made four ministerial errors in our
calculations performed for the final
determination. In addition, the
Department itself discovered it made
two additional ministerial errors.2
In summary, the petitioners
contended that the Department erred in
making its Final Determination by
making two distinct clerical errors in
calculating the benefit from the
1 The petitioners in this case are the Ad Hoc
Coalition for Fair Pipe Imports from China and the
United Steel Workers.
2 See generally Memorandum to Susan Kuhbach,
Director, Office 1, AD/CVD Operations from Nancy
Decker, Program Manager, Office 1, AD/CVD
Operations, Re: ‘‘Countervailing Duty Investigation:
Circular Welded Carbon-Quality Steel Pipe from the
People’s Republic of China: Ministerial Error
Allegations’’ (July 2, 2008) (‘‘Ministerial Error
Allegations Memo’’).
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19:47 Jul 21, 2008
Jkt 214001
provision of hot–rolled steel (HRS) at
less than adequate remuneration when
it did not adjust the SteelBenchmarker
to include delivery charges and import
duties and did not adjust the benchmark
for a certain type3 of HRS to include
Chinese import duties. The Department
did not make either of the adjustments
requested because they did not involve
ministerial errors. See Ministerial Error
Allegations Memo at pages 2–3.
Second, the petitioners contended
that the Department made several errors
in the calculation of benefit from East
Pipe’s policy loans including using an
incorrect amount of reported interest for
one loan, incorrectly calculating the
number of days outstanding for another
loan, and impermissibly offsetting the
benefit from the specific loans where
the Department found a benefit in
accordance with 19 CFR 351.505(a). The
Department agreed with the petitioners
that these three ministerial errors were
committed with respect to East Pipe’s
policy loans and corrected each of the
errors accordingly. See Ministerial Error
Allegations Memo at pages 3–5.
Third, the petitioners contended that
with respect to Kingland, the
Department did not use the correct sales
denominator to account for the
collapsing of Kingland companies.4 The
Department agreed, in part, with the
petitioners that some ministerial errors
were committed with respect to
Kingland’s sales denominator. However,
other requested adjustments were not
ministerial errors, because, for example,
there was not enough information on
the record to make these other
adjustments. Therefore, the Department
only corrected those errors it found to
be ministerial errors. See Ministerial
Error Allegations Memo at page 6.
Finally, the Department itself found
two additional ministerial errors. In our
calculation to measure the adequacy of
remuneration from government–
provided HRS we inadvertently did not
use the actual import price paid as a
benchmark in the month(s) of purchase,
and we did not average that actual
import price with the SteelBenchmarker
price for the month(s), and have made
corrections accordingly. See Ministerial
Error Allegations Memo at pages 6–7.
Additionally, we failed to make a minor
correction presented at verification
regarding East Pipe’s interest paid on
one loan (separate from the loan noted
above). See Ministerial Error Allegations
Memo at pages 3–4.
As a result of correcting these errors,
the countervailing duty calculated for
Weifang East Steel Pipe Co., Ltd. (‘‘East
Pipe’’) has changed from 29.57 percent
to 29.62 percent, the countervailing
duty calculated for Zhejiang Kingland
Pipeline and Technologies Co., Ltd.
(‘‘Kingland Pipeline’’), and affiliated
companies (collectively, ‘‘Kingland,’’ or
‘‘Kingland Companies’’) has changed
from 44.86 percent to 44.93 percent, the
countervailing duty calculated for
Tianjin Shuangjie Steel Pipe Co., Ltd.;
Tianjin Shuangjie Steel Pipe Group Co.,
Ltd.; Tianjin Wa Song Imp. & Exp. Co.,
Ltd.; and Tianjin Shuanglian
Galvanizing Products Co., Ltd.
(collectively, ‘‘Shuangjie’’) has changed
from 615.92 percent to 616.83 percent,
and the countervailing duty calculated
for ‘‘All Others’’ has changed from 37.22
percent to 37.28 percent. Therefore, in
accordance with 19 CFR 351.224(e), we
are amending the final determination in
the countervailing duty investigation of
CWP from the PRC.
3 The type of HRS is proprietary information.
Specifics on type of HRS can be found in the
proprietary version of the Ministerial Error
Allegations Memo.
4 See Ministerial Error Allegations Memo at page
6 for the specific factors used in the determination
of Kingland’s sales denominator since the factors
are proprietary information.
5 See Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination;
Preliminary Affirmative Determination of Critical
Circumstances; and Alignment of Final
Countervailing Duty Determination with Final
Antidumping Duty Determination, 72 FR 63875
(Nov. 13, 2007) (Preliminary Determination).
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Fmt 4703
Sfmt 4703
Countervailing Duty Order
On July 15, 2008, in accordance with
section 705(d) of the Act, the ITC
notified the Department of its final
determination that the industry in the
United States producing CWP is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by
reason of subsidized imports of CWP
from the PRC.
Therefore, countervailing duties will
be assessed on all unliquidated entries
of CWP from the PRC entered, or
withdrawn from warehouse, for
consumption on or after November 13,
2007, the date on which the Department
published its preliminary affirmative
countervailing duty determination in
the Federal Register,5 and before March
12, 2008, the date the Department
instructed the U.S. Customs and Border
Protection (CBP) to discontinue the
suspension of liquidation in accordance
with section 703(d) of the Act. Section
703(d) states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Therefore,
entries of CWP made on or after March
12, 2008, and prior to the date of
publication of the ITC’s final
determination in the Federal Register
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Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices
are not liable for the assessment of
countervailing duties due to the
Department’s discontinuation, effective
March 12, 2008, of the suspension of
liquidation.
With regard to the ITC’s negative
critical circumstances determination,
we will instruct CBP to lift suspension,
release any bond or other security, and
refund any cash deposit made to secure
the payment of antidumping duties with
respect to entries of the merchandise
entered, or withdrawn from warehouse,
for consumption on or after August 15,
2007, but before November 13, 2007
(i.e., the 90 days prior to the date of
publication of the Preliminary
Determination).
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute the suspension of liquidation
for CWP from the PRC, effective the date
of publication of the ITC’s notice of final
determination in the Federal Register
and to assess, upon further advice by
the Department pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise as noted below.
Exporter/Manufacturer
Net Subsidy Rate
Weifang East Steel Pipe Co., Ltd. ...........................................................................................................................
Zhejiang Kingland Pipeline and Technologies Co., Ltd., Kingland Group Co., Ltd, Beijing Kingland Centruy
Technologies Co., Zhejiang Kingland Pipeline Industry Co., Ltd., and Shanxi Kingland Pipeline Co., Ltd. ......
Tianjin Shuangjie Steel Pipe Co., Ltd.; Tianjin Shuangjie Steel Pipe Group Co., Ltd.; Tianjin Wa Song Imp. &
Exp. Co., Ltd.; and Tianjin Shuanglian Galvanizing Products Co., Ltd. ..............................................................
All Others .................................................................................................................................................................
This notice constitutes the
countervailing duty order with respect
to CWP from the PRC, pursuant to
section 706(a) of the Act. Interested
parties may contact the Department’s
CRU, Room 1117 of the Main Commerce
Building, for copies of an updated list
of countervailing duty orders currently
in effect.
This order is issued and published in
accordance with section 706(a) of Act,
19 CFR 351.224(e), and 19 CFR
351.211(b).
Dated: July 16, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–16753 Filed 7–21–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–910
Notice of Antidumping Duty Order:
Circular Welded Carbon Quality Steel
Pipe from the People’s Republic of
China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 22, 2008.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing an
antidumping duty order on circular
welded carbon quality steel pipe
(‘‘CWP’’) from the People’s Republic of
China (‘‘PRC’’). On July 15, 2008, the
ITC notified the Department of its
affirmative determination of material
injury to a U.S. industry. See Circular
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AGENCY:
VerDate Aug<31>2005
19:47 Jul 21, 2008
Jkt 214001
Welded Carbon Quality Steel Pipe from
China, Investigation Nos. 701–TA–447
and 731–TA–1116 (Final), USITC
Publication 4019 (July 2008).
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Maisha Cryor, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3936 or (202) 482–
5831, respectively.
SUPPLEMENTARY INFORMATION: In
accordance with sections 735(d) and
777(i)(1) of the Tariff Act of 1930, as
amended (the ‘‘Act’’), on June 5, 2008,
the Department published the Notice of
Final Determination of Sales at Less
Than Fair Value and Affirmative Final
Determination of Critical
Circumstances: Circular Welded Carbon
Quality Steel Pipe from the People’s
Republic of China, 73 FR 31970 (June 5,
2008) (‘‘Final Determination’’).
Scope of Order
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
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42547
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29.62%
44.93%
616.83%
37.28%
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.)
E:\FR\FM\22JYN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42545-42547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16753]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-570-911)
Circular Welded Carbon Quality Steel Pipe from the People's
Republic of China: Notice of Amended Final Affirmative Countervailing
Duty Determination and Notice of Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing a countervailing duty order on circular
welded carbon quality steel pipe (CWP) from the People's Republic of
China (PRC). On July 15, 2008, the ITC notified the Department of its
affirmative determination of material injury to a U.S. industry. See
Circular Welded Carbon-Quality Steel Pipe from China, USITC Pub. 4019,
Investigation Nos. 701-TA-447 and 731-TA-1116 (Final) (July 2008).
EFFECTIVE DATE: July 22, 2008.
FOR FURTHER INFORMATION CONTACT: Shane Subler and Damian Felton at
(202) 482-0189 and (202) 482-0133, respectively, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230.
Background
On June 5, 2008, the Department published its final determination
in the countervailing duty investigation of CWP from the PRC. See
Circular Welded Carbon Quality Steel Pipe from the People's Republic of
China: Final Affirmative Countervailing Duty Determination and Final
Affirmative Determination of Critical Circumstances, 73 FR 31966 (June
5, 2008) (Final Determination).
On July 15, 2008, the ITC notified the Department of its final
determination pursuant to sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i)
of the Tariff Act of 1930, as amended (the Act), that an industry in
the United States is materially injured by reason of subsidized imports
of subject merchandise the PRC. The ITC also determined that critical
circumstances do not exist. See Circular Welded Carbon-Quality Steel
Pipe from China (Investigation Nos. 701-TA-447 and 731-TA-1116 (Final),
USITC Publication 4019, July 2008).
Scope of the Order
The scope of this order covers 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.)
[[Page 42546]]
The scope of this order 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 order 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 order.
Amendment to the Final Determination
In accordance with sections 705(d) and 777(i)(1) of the Act, on
June 5, 2008, the Department published its notice of final affirmative
countervailing duty determination in the countervailing duty
investigation of CWP from the PRC. See Final Determination, 73 FR
31966, and corresponding ``Issues and Decision Memorandum'' (May 29,
2008). On June 16, 2008, the petitioners\1\ filed timely allegations
stating that the Department made six ministerial errors in its final
determination. No rebuttal comments were received.
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\1\ The petitioners in this case are the Ad Hoc Coalition for
Fair Pipe Imports from China and the United Steel Workers.
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After analyzing all petitioners' comments, we have determined, in
accordance with 19 CFR 351.224(e), that we made four ministerial errors
in our calculations performed for the final determination. In addition,
the Department itself discovered it made two additional ministerial
errors.\2\
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\2\ See generally Memorandum to Susan Kuhbach, Director, Office
1, AD/CVD Operations from Nancy Decker, Program Manager, Office 1,
AD/CVD Operations, Re: ``Countervailing Duty Investigation: Circular
Welded Carbon-Quality Steel Pipe from the People's Republic of
China: Ministerial Error Allegations'' (July 2, 2008) (``Ministerial
Error Allegations Memo'').
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In summary, the petitioners contended that the Department erred in
making its Final Determination by making two distinct clerical errors
in calculating the benefit from the provision of hot-rolled steel (HRS)
at less than adequate remuneration when it did not adjust the
SteelBenchmarker to include delivery charges and import duties and did
not adjust the benchmark for a certain type\3\ of HRS to include
Chinese import duties. The Department did not make either of the
adjustments requested because they did not involve ministerial errors.
See Ministerial Error Allegations Memo at pages 2-3.
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\3\ The type of HRS is proprietary information. Specifics on
type of HRS can be found in the proprietary version of the
Ministerial Error Allegations Memo.
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Second, the petitioners contended that the Department made several
errors in the calculation of benefit from East Pipe's policy loans
including using an incorrect amount of reported interest for one loan,
incorrectly calculating the number of days outstanding for another
loan, and impermissibly offsetting the benefit from the specific loans
where the Department found a benefit in accordance with 19 CFR
351.505(a). The Department agreed with the petitioners that these three
ministerial errors were committed with respect to East Pipe's policy
loans and corrected each of the errors accordingly. See Ministerial
Error Allegations Memo at pages 3-5.
Third, the petitioners contended that with respect to Kingland, the
Department did not use the correct sales denominator to account for the
collapsing of Kingland companies.\4\ The Department agreed, in part,
with the petitioners that some ministerial errors were committed with
respect to Kingland's sales denominator. However, other requested
adjustments were not ministerial errors, because, for example, there
was not enough information on the record to make these other
adjustments. Therefore, the Department only corrected those errors it
found to be ministerial errors. See Ministerial Error Allegations Memo
at page 6.
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\4\ See Ministerial Error Allegations Memo at page 6 for the
specific factors used in the determination of Kingland's sales
denominator since the factors are proprietary information.
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Finally, the Department itself found two additional ministerial
errors. In our calculation to measure the adequacy of remuneration from
government-provided HRS we inadvertently did not use the actual import
price paid as a benchmark in the month(s) of purchase, and we did not
average that actual import price with the SteelBenchmarker price for
the month(s), and have made corrections accordingly. See Ministerial
Error Allegations Memo at pages 6-7. Additionally, we failed to make a
minor correction presented at verification regarding East Pipe's
interest paid on one loan (separate from the loan noted above). See
Ministerial Error Allegations Memo at pages 3-4.
As a result of correcting these errors, the countervailing duty
calculated for Weifang East Steel Pipe Co., Ltd. (``East Pipe'') has
changed from 29.57 percent to 29.62 percent, the countervailing duty
calculated for Zhejiang Kingland Pipeline and Technologies Co., Ltd.
(``Kingland Pipeline''), and affiliated companies (collectively,
``Kingland,'' or ``Kingland Companies'') has changed from 44.86 percent
to 44.93 percent, the countervailing duty calculated for Tianjin
Shuangjie Steel Pipe Co., Ltd.; Tianjin Shuangjie Steel Pipe Group Co.,
Ltd.; Tianjin Wa Song Imp. & Exp. Co., Ltd.; and Tianjin Shuanglian
Galvanizing Products Co., Ltd. (collectively, ``Shuangjie'') has
changed from 615.92 percent to 616.83 percent, and the countervailing
duty calculated for ``All Others'' has changed from 37.22 percent to
37.28 percent. Therefore, in accordance with 19 CFR 351.224(e), we are
amending the final determination in the countervailing duty
investigation of CWP from the PRC.
Countervailing Duty Order
On July 15, 2008, in accordance with section 705(d) of the Act, the
ITC notified the Department of its final determination that the
industry in the United States producing CWP is materially injured
within the meaning of section 705(b)(1)(A)(i) of the Act by reason of
subsidized imports of CWP from the PRC.
Therefore, countervailing duties will be assessed on all
unliquidated entries of CWP from the PRC entered, or withdrawn from
warehouse, for consumption on or after November 13, 2007, the date on
which the Department published its preliminary affirmative
countervailing duty determination in the Federal Register,\5\ and
before March 12, 2008, the date the Department instructed the U.S.
Customs and Border Protection (CBP) to discontinue the suspension of
liquidation in accordance with section 703(d) of the Act. Section
703(d) states that the suspension of liquidation pursuant to a
preliminary determination may not remain in effect for more than four
months. Therefore, entries of CWP made on or after March 12, 2008, and
prior to the date of publication of the ITC's final determination in
the Federal Register
[[Page 42547]]
are not liable for the assessment of countervailing duties due to the
Department's discontinuation, effective March 12, 2008, of the
suspension of liquidation.
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\5\ See Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China: Preliminary Affirmative Countervailing
Duty Determination; Preliminary Affirmative Determination of
Critical Circumstances; and Alignment of Final Countervailing Duty
Determination with Final Antidumping Duty Determination, 72 FR 63875
(Nov. 13, 2007) (Preliminary Determination).
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With regard to the ITC's negative critical circumstances
determination, we will instruct CBP to lift suspension, release any
bond or other security, and refund any cash deposit made to secure the
payment of antidumping duties with respect to entries of the
merchandise entered, or withdrawn from warehouse, for consumption on or
after August 15, 2007, but before November 13, 2007 (i.e., the 90 days
prior to the date of publication of the Preliminary Determination).
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute the suspension of liquidation for CWP from
the PRC, effective the date of publication of the ITC's notice of final
determination in the Federal Register and to assess, upon further
advice by the Department pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates for the subject
merchandise as noted below.
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Exporter/Manufacturer Net Subsidy Rate
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Weifang East Steel Pipe Co., Ltd......... 29.62[percnt]
Zhejiang Kingland Pipeline and 44.93[percnt]
Technologies Co., Ltd., Kingland Group
Co., Ltd, Beijing Kingland Centruy
Technologies Co., Zhejiang Kingland
Pipeline Industry Co., Ltd., and Shanxi
Kingland Pipeline Co., Ltd..............
Tianjin Shuangjie Steel Pipe Co., Ltd.; 616.83[percnt]
Tianjin Shuangjie Steel Pipe Group Co.,
Ltd.; Tianjin Wa Song Imp. & Exp. Co.,
Ltd.; and Tianjin Shuanglian Galvanizing
Products Co., Ltd.......................
All Others............................... 37.28[percnt]
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This notice constitutes the countervailing duty order with respect
to CWP from the PRC, pursuant to section 706(a) of the Act. Interested
parties may contact the Department's CRU, Room 1117 of the Main
Commerce Building, for copies of an updated list of countervailing duty
orders currently in effect.
This order is issued and published in accordance with section
706(a) of Act, 19 CFR 351.224(e), and 19 CFR 351.211(b).
Dated: July 16, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-16753 Filed 7-21-08; 8:45 am]
BILLING CODE 3510-DS-S
