Circular Welded Austenitic Stainless Pressure Pipe From the People's Republic of China: Notice of Amended Preliminary Countervailing Duty Determination, 45954-45955 [E8-18249]
Download as PDF
<![CDATA[
45954
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double the antidumping duties.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: July 30, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–18246 Filed 8–6–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–931]
Circular Welded Austenitic Stainless
Pressure Pipe From the People’s
Republic of China: Notice of Amended
Preliminary Countervailing Duty
Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 10, 2008, the
Department of Commerce (the
Department) published in the Federal
Register the notice of preliminary
affirmative countervailing duty
determination in the investigation of
circular welded austenitic stainless
pressure pipe (CWASPP) from the
People’s Republic of China (the PRC).
We are amending our preliminary
determination to correct ministerial
errors discovered with respect to the
countervailing duty rate calculated for
Winner Stainless Steel Tube Co., Ltd.
(Winner), Winner Machinery Enterprise
Company Ltd. (Winner HK), and Winner
Steel Products (Guangzhou) Co., Ltd.
(WSP) (collectively the Winner
Companies). This correction also affects
the countervailing duty rate applied to
Froch Enterprises Co. Ltd. (Froch) (also
known as Zhangyuan Metal Industry Co.
Ltd.) as well as the rate applied to all
other companies not individually
investigated.
AGENCY:
DATES:
Effective Date: See discussion
below.
sroberts on PROD1PC70 with NOTICES
FOR FURTHER INFORMATION CONTACT:
Robert Copyak, or Eric B. Greynolds,
AD/CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–2209 and (202)
482–6071, respectively.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
16:49 Aug 06, 2008
Jkt 214001
Background
On July 10, 2008, we published in the
Federal Register the preliminary
determination that countervailable
subsidies are being provided to
producers and exporters of CWASPP
from the PRC, as provided under section
703 of the Tariff Act of 1930, as
amended (the Act). See Circular Welded
Austenitic Stainless Pressure Pipe from
the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Countervailing Duty
Determination with Final Antidumping
Duty Determination, 73 FR 39657 (July
10, 2008) (Preliminary Determination).
On July 15, 2008, the Winner
Companies filed timely allegations of
significant ministerial errors contained
in the Department’s Preliminary
Determination. After reviewing the
allegations, we have determined that the
Preliminary Determination included
significant ministerial errors as
described under 19 CFR 351.224(g).
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 covered by this
investigation is circular welded
austenitic stainless pressure pipe not
greater than 14 inches in outside
diameter. This merchandise includes,
but is not limited to, the American
Society for Testing and Materials
(ASTM) A–312 or ASTM A–778
specifications, or comparable domestic
or foreign specifications. ASTM A–358
products are only included when they
are produced to meet ASTM A–312 or
ASTM A–778 specifications, or
comparable domestic or foreign
specifications.
Excluded from the scope are: (1)
Welded stainless mechanical tubing,
meeting ASTM A–554 or comparable
domestic or foreign specifications; (2)
boiler, heat exchanger, superheater,
refining furnace, feedwater heater, and
condenser tubing, meeting ASTM A–
249, ASTM A–688 or comparable
domestic or foreign specifications; and
(3) specialized tubing, meeting ASTM
A–269, ASTM A–270 or comparable
domestic or foreign specifications.
The subject imports are normally
classified in subheadings 7306.40.5005,
7306.40.5040, 7306.40.5062,
7306.40.5064, and 7306.40.5085 of the
Harmonized Tariff Schedule of the
United States (HTSUS). They may also
enter under HTSUS subheadings
7306.40.1010, 7306.40.1015,
7306.40.5042, 7306.40.5044,
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
7306.40.5080, and 7306.40.5090. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written description of the
scope is dispositive.
Analysis of Alleged Significant
Ministerial Errors
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 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 ‘‘significant’’ ministerial
errors with respect to the Winner
Companies and that these ministerial
errors, in turn, affected the
countervailing duty rate applied to
Froch as well as the rate applied to all
other companies not individually
investigated.1 As a result, the
Department is publishing this
amendment to its preliminary
determination pursuant to 19 CFR
351.224(e).
Amended Preliminary Determination
Because the combined errors alleged
by the Winner Companies regarding the
countervailable subsidy rate calculation
for the Winner Companies were
significant, we have amended the
preliminary countervailing duty rate
calculations for the Winner Companies.
We have also amended the preliminary
countervailing duty rate calculations for
Froch as well as the rate applied to all
other companies not individually
investigated. See Memorandum to
1 We are adjusting the countervailing duty rate
applied to Froch because the corrected rate for
Winner is an integral component of the rate for
Froch.
E:\FR\FM\07AUN1.SGM
07AUN1
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
through Melissa G. Skinner, Director,
Office 3, Operations, from Eric B.
Greynolds, Program Manager, Office 3,
Operations, regarding ‘‘Preliminary
Determination Ministerial Error
Allegations’’ (July 22, 2008), a
proprietary document of which the
public version is on file in the Central
45955
Records Unit (CRU), room 1117 in the
main Department building. As a result
of the corrections of the ministerial
errors, the countervailable subsidy rates
are as follows:
Producer/exporter
Original net subsidy rate
Amended net subsidy rate
Winner Stainless Steel Tube Co., Ltd (Winner), Winner Machinery Enterprise Company Ltd, (Winner HK), and Winner Steel Products
(Guangzhou) Co., Ltd. (WSP) (collectively the Winner Companies).
Froch Enterprises Co. Ltd. (Froch) (also known as Zhangyuan Metal
Industry Co. Ltd.).
All Others Rate ........................................................................................
1.47 percent ad valorem ...............
0.35 percent ad valorem (de minimis).
106.85 percent ad valorem ...........
105.73 percent ad valorem.
1.47 percent ad valorem ...............
53.04 percent ad valorem.
sroberts on PROD1PC70 with NOTICES
The collection of bonds or cash
deposits and suspension of liquidation
will be revised accordingly and parties
will be notified of this determination, in
accordance with section 703(d) and (f)
of the Act. Specifically, since the
amended preliminary determination is
negative with respect to the Winner
Companies, we are directing U.S.
Customs and Border Patrol (CBP) to
terminate suspension of liquidation of
all entries of CWASPP produced and
exported by the Winner Companies
entered or withdrawn from warehouse
for consumption on or after July 10,
2008, the publication date of the
Preliminary Determination, and to
release any bond or other security, and
refund any cash deposit. In accordance
with sections 703(d)(1)(B) and (2) of the
Act, we are directing CBP to continue to
suspend liquidation of all other entries
of CWASPP from the PRC that are
entered, or withdrawn from warehouse,
for consumption on or after July 10,
2008.
With respect to Froch, we are
directing CBP to require a cash deposit
or bond for such entries of subject
merchandise in the amount indicated
above that are entered, or withdrawn
from warehouse, for consumption on or
after July 10, 2008, and to grant a refund
for any overcollection on such entries if
the importer makes such a request
pursuant to 19 U.S.C. 1520(a)(4).
Regarding the rate applied to all other
companies not individually
investigated, we are directing CBP to
require a cash deposit or bond for such
entries of subject merchandise in the
amount indicated above that are
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this amended
preliminary determination in the
Federal Register.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we have notified the
International Trade Commission (ITC) of
VerDate Aug<31>2005
16:49 Aug 06, 2008
Jkt 214001
our amended preliminary
determination. If our final
determination is affirmative, the ITC
will make its final determination as to
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of CWASPP from the
PRC, or sales (or the likelihood of sales)
for importation, of the subject
merchandise within 45 days of our final
determination. See Section 705(b)(2)(B)
of the Act.
This determination is issued and
published in accordance with sections
703(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: July 30, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–18249 Filed 8–6–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–917]
Laminated Woven Sacks From the
People’s Republic of China:
Countervailing Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on an affirmative final
determination by the U.S. International
Trade Commission (ITC), the
Department of Commerce (the
Department) is issuing a countervailing
duty order on Laminated Woven Sacks
(LWS) from the People’s Republic of
China (PRC). On July 30, 2008, the ITC
notified the Department of its
affirmative determination of material
injury to a U.S. industry and its negative
determination of critical circumstances.
See Laminated Woven Sacks from the
People’s Republic of China, USITC Pub.
4025, Inv. Nos. 701–TA–450 (Final)
(July 2008).
AGENCY:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Effective Date: August 7, 2008.
Contact Information: Gene Calvert or
Paul Matino, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–3586 or (202) 482–4146,
respectively.
SUPPLEMENTARY INFORMATION:
DATED:
Scope of the Order
The merchandise covered by this
order is laminated woven sacks.
Laminated woven sacks are bags or
sacks consisting of one or more plies of
fabric consisting of woven
polypropylene strip and/or woven
polyethylene strip, regardless of the
width of the strip; with or without an
extrusion coating of polypropylene and/
or polyethylene on one or both sides of
the fabric; laminated by any method
either to an exterior ply of plastic film
such as biaxially-oriented
polypropylene (BOPP) or to an exterior
ply of paper that is suitable for high
quality print graphics; 1 printed with
three colors or more in register; with or
without lining; whether or not closed on
one end; whether or not in roll form
(including sheets, lay-flat tubing, and
sleeves); with or without handles; with
or without special closing features; not
exceeding one kilogram in weight.
Laminated woven sacks are typically
used for retail packaging of consumer
goods such as pet foods and bird seed.
Effective July 1, 2007, laminated
woven sacks are classifiable under
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
6305.33.0050 and 6305.33.0080.
Laminated woven sacks were previously
classifiable under HTSUS subheading
6305.33.0020. If entered with plastic
1 ‘‘Paper suitable for high quality print graphics,’’
as used herein, means paper having an ISO
brightness of 82 or higher and a Sheffield
Smoothness of 250 or less. Coated free sheet is an
example of a paper suitable for high quality print
graphics.
E:\FR\FM\07AUN1.SGM
07AUN1
]]>Agencies
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 45954-45955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18249]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-931]
Circular Welded Austenitic Stainless Pressure Pipe From the
People's Republic of China: Notice of Amended Preliminary
Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 10, 2008, the Department of Commerce (the Department)
published in the Federal Register the notice of preliminary affirmative
countervailing duty determination in the investigation of circular
welded austenitic stainless pressure pipe (CWASPP) from the People's
Republic of China (the PRC). We are amending our preliminary
determination to correct ministerial errors discovered with respect to
the countervailing duty rate calculated for Winner Stainless Steel Tube
Co., Ltd. (Winner), Winner Machinery Enterprise Company Ltd. (Winner
HK), and Winner Steel Products (Guangzhou) Co., Ltd. (WSP)
(collectively the Winner Companies). This correction also affects the
countervailing duty rate applied to Froch Enterprises Co. Ltd. (Froch)
(also known as Zhangyuan Metal Industry Co. Ltd.) as well as the rate
applied to all other companies not individually investigated.
DATES: Effective Date: See discussion below.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, or Eric B. Greynolds,
AD/CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2209 and (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2008, we published in the Federal Register the
preliminary determination that countervailable subsidies are being
provided to producers and exporters of CWASPP from the PRC, as provided
under section 703 of the Tariff Act of 1930, as amended (the Act). See
Circular Welded Austenitic Stainless Pressure Pipe from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Countervailing Duty Determination
with Final Antidumping Duty Determination, 73 FR 39657 (July 10, 2008)
(Preliminary Determination). On July 15, 2008, the Winner Companies
filed timely allegations of significant ministerial errors contained in
the Department's Preliminary Determination. After reviewing the
allegations, we have determined that the Preliminary Determination
included significant ministerial errors as described under 19 CFR
351.224(g). 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 covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter. This merchandise includes, but is not limited to, the
American Society for Testing and Materials (ASTM) A-312 or ASTM A-778
specifications, or comparable domestic or foreign specifications. ASTM
A-358 products are only included when they are produced to meet ASTM A-
312 or ASTM A-778 specifications, or comparable domestic or foreign
specifications.
Excluded from the scope are: (1) Welded stainless mechanical
tubing, meeting ASTM A-554 or comparable domestic or foreign
specifications; (2) boiler, heat exchanger, superheater, refining
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249,
ASTM A-688 or comparable domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A-269, ASTM A-270 or comparable
domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010,
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope is
dispositive.
Analysis of Alleged Significant Ministerial Errors
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 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 ``significant'' ministerial errors with respect
to the Winner Companies and that these ministerial errors, in turn,
affected the countervailing duty rate applied to Froch as well as the
rate applied to all other companies not individually investigated.\1\
As a result, the Department is publishing this amendment to its
preliminary determination pursuant to 19 CFR 351.224(e).
---------------------------------------------------------------------------
\1\ We are adjusting the countervailing duty rate applied to
Froch because the corrected rate for Winner is an integral component
of the rate for Froch.
---------------------------------------------------------------------------
Amended Preliminary Determination
Because the combined errors alleged by the Winner Companies
regarding the countervailable subsidy rate calculation for the Winner
Companies were significant, we have amended the preliminary
countervailing duty rate calculations for the Winner Companies. We have
also amended the preliminary countervailing duty rate calculations for
Froch as well as the rate applied to all other companies not
individually investigated. See Memorandum to
[[Page 45955]]
Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, through Melissa G. Skinner, Director, Office 3,
Operations, from Eric B. Greynolds, Program Manager, Office 3,
Operations, regarding ``Preliminary Determination Ministerial Error
Allegations'' (July 22, 2008), a proprietary document of which the
public version is on file in the Central Records Unit (CRU), room 1117
in the main Department building. As a result of the corrections of the
ministerial errors, the countervailable subsidy rates are as follows:
------------------------------------------------------------------------
Original net Amended net
Producer/exporter subsidy rate subsidy rate
------------------------------------------------------------------------
Winner Stainless Steel Tube Co., 1.47 percent ad 0.35 percent ad
Ltd (Winner), Winner Machinery valorem. valorem (de
Enterprise Company Ltd, (Winner minimis).
HK), and Winner Steel Products
(Guangzhou) Co., Ltd. (WSP)
(collectively the Winner
Companies).
Froch Enterprises Co. Ltd. 106.85 percent ad 105.73 percent ad
(Froch) (also known as valorem. valorem.
Zhangyuan Metal Industry Co.
Ltd.).
All Others Rate................. 1.47 percent ad 53.04 percent ad
valorem. valorem.
------------------------------------------------------------------------
The collection of bonds or cash deposits and suspension of
liquidation will be revised accordingly and parties will be notified of
this determination, in accordance with section 703(d) and (f) of the
Act. Specifically, since the amended preliminary determination is
negative with respect to the Winner Companies, we are directing U.S.
Customs and Border Patrol (CBP) to terminate suspension of liquidation
of all entries of CWASPP produced and exported by the Winner Companies
entered or withdrawn from warehouse for consumption on or after July
10, 2008, the publication date of the Preliminary Determination, and to
release any bond or other security, and refund any cash deposit. In
accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing CBP to continue to suspend liquidation of all other entries
of CWASPP from the PRC that are entered, or withdrawn from warehouse,
for consumption on or after July 10, 2008.
With respect to Froch, we are directing CBP to require a cash
deposit or bond for such entries of subject merchandise in the amount
indicated above that are entered, or withdrawn from warehouse, for
consumption on or after July 10, 2008, and to grant a refund for any
overcollection on such entries if the importer makes such a request
pursuant to 19 U.S.C. 1520(a)(4).
Regarding the rate applied to all other companies not individually
investigated, we are directing CBP to require a cash deposit or bond
for such entries of subject merchandise in the amount indicated above
that are entered, or withdrawn from warehouse, for consumption on or
after the publication date of this amended preliminary determination in
the Federal Register.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we have notified the
International Trade Commission (ITC) of our amended preliminary
determination. If our final determination is affirmative, the ITC will
make its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of CWASPP from the PRC, or sales (or the
likelihood of sales) for importation, of the subject merchandise within
45 days of our final determination. See Section 705(b)(2)(B) of the
Act.
This determination is issued and published in accordance with
sections 703(f) and 777(i) of the Act and 19 CFR 351.224(e).
Dated: July 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18249 Filed 8-6-08; 8:45 am]
BILLING CODE 3510-DS-P
