Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 4136-4138 [E9-1446]

Download as PDF 4136 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices Dated: January 15, 2009. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–1303 Filed 1–22–09; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting The Emerging Technology and Research Advisory Committee (ETRAC) will meet on February 10, 2009, 1:15 p.m., Room 4830, in the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on emerging technology and research activities, including those related to deemed exports. Agenda: Open Session 1. BIS Export Enforcement (EE)—deemed export rules for dual-use technologies subject to EAR over 5 years. • Describe the levels of violations; prime reasons for violations; prime reasons for violations. • Typical EE responses • Frequency of prosecution • Real life examples 2. ISTAC, MTAC briefings • Approaches BIS/TACs use in identifying, ranking, or prioritizing technologies in terms of importance, sensitivity, availability, etc. • Describe decision trees, process models, systematic processes individual TACs. • Discuss methods TACs use to identify, rank, or prioritize technologies that might be subject to deemed export regulations. • Describe types of guidance and tools BIS provides to TACs to enable sound decision making on imposition or relaxation of deemed export regulations. 3. Public Comments and Questions. mstockstill on PROD1PC66 with NOTICES Closed Session 4. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first served basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yspringer@bis.doc.gov no later than February 3, 2009. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to VerDate Nov<24>2008 18:32 Jan 22, 2009 Jkt 217001 the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on January 14, 2009, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 §§ (10)(d)), that the portion of the meeting dealing with matters the disclosure of which would be likely to frustrate significantly implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)1 and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: January 15, 2009. Yvette Springer, Committee Liaison Officer. [FR Doc. E9–1253 Filed 1–22–09; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE Bureau Of Industry And Security Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting The Transportation and Related Equipment Technical Advisory Committee will meet on February 4, 2009, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to transportation and related equipment or technology. Public Session 1. Welcome and Introductions. 2. Review Status of Working Groups. 3. Proposals from the Public. Closed Session 4. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yspringer@bis.doc.gov no later than January 28, 2009. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via e-mail. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on January 13, 2009, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 §§ (10)(d)), that the portion of the meeting dealing with matters the disclosure of which would be likely to frustrate significantly implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)1 and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. Dated: January 15, 2009. Yvette Springer, Committee Liaison Officer. [FR Doc. E9–1255 Filed 1–22–09; 8:45 am] BILLING CODE 3510–JT–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–936]≤ Circular Welded Carbon Quality Steel Line 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 certain E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices circular welded carbon quality steel line pipe (line pipe) from the People’s Republic of China (PRC). On January 7, 2009, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Circular Welded Carbon Quality Steel Line Pipe from China, USITC Pub. 4055, Inv. Nos. 701–TA–455 (Final) (January 2009). EFFECTIVE DATE: January 23, 2009. FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482–1009. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with NOTICES Case History On November 24, 2008, the Department published its final determination in the countervailing duty investigation of line pipe from the PRC. See Circular Welded Carbon Quality Steel Line Pipe from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 73 FR 70961 (November 24, 2008) (Final Determination). On January 7, 2009, 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 from the PRC. See Circular Welded Carbon Quality Steel Line Pipe from China, USITC Pub. 4055, Inv. Nos. 701–TA–455 (Final) (January 2009). Scope of Order The merchandise covered by this order is circular welded carbon quality steel pipe of a kind used for oil and gas pipelines (welded line pipe), not more than 406.4 mm (16 inches) in outside diameter, regardless of wall thickness, length, surface finish, end finish or stenciling. The term ‘‘carbon quality steel’’ includes both carbon steel and carbon steel mixed with small amounts of alloying elements that may exceed the individual weight limits for non alloy steels imposed in the Harmonized Tariff Schedule of the United States (HTSUS). Specifically, the term ‘‘carbon quality’’ includes products in which (1) iron predominates by weight over each of the other contained elements, (2) the carbon content is 2 percent or less by weight and (3) none of the elements listed below exceeds the quantity by weight respectively indicated: (i) 2.00 percent of manganese, (ii) 2.25 percent of silicon, VerDate Nov<24>2008 18:32 Jan 22, 2009 Jkt 217001 (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) 0.012 percent of boron, (xi) 0.50 percent of molybdenum, (xii) 0.15 percent of niobium, (xiii) 0.41 percent of titanium, (xiv) 0.15 percent of vanadium, or (xv) 0.15 percent of zirconium. Welded line pipe is normally produced to specifications published by the American Petroleum Institute (API) (or comparable foreign specifications) including API A–25, 5LA, 5LB, and X grades from 42 and above, and/or any other proprietary grades or non–graded material. Nevertheless, all pipe meeting the physical description set forth above that is of a kind used in oil and gas pipelines, including all multiple– stenciled pipe with an API welded line pipe stencil is covered by the scope of this order. Excluded from this scope are pipes of a kind used for oil and gas pipelines that are multiple–stenciled to a standard and/or structural specification and have one or more of the following characteristics: is 32 feet in length or less; is less than 2.0 inches (50 mm) in outside diameter; has a galvanized and/ or painted surface finish; or has a threaded and/or coupled end finish. (The term ‘‘painted’’ does not include coatings to inhibit rust in transit, such as varnish, but includes coatings such as polyester.) The welded line pipe products that are the subject of this order are currently classifiable in the HTSUS under subheadings 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Amendment to the Final Determination In accordance with sections 705(d) and 777(i) (1) of the Act, on November 24, 2008, the Department published its notice of final affirmative countervailing duty determination in the countervailing duty investigation of line pipe from the PRC. See Final Determination. On December 1, 2008, Maverick Tube Corporation (Maverick), one of the two petitioners in the investigation, and (Huludao Seven Star Group), Huludao Steel Pipe Industrial Co. Ltd. (Huludao Steel Pipe), and Huludao Bohai Oil Pipe Industrial Co. Ltd. (Huludao Bohai), the respondent, (collectively, Huludao) submitted timely PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 4137 ministerial error allegations with respect to the Final Determination. On December 5, 2008, Maverick submitted rebuttal comments to the respondent’s ministerial error allegation and on December 8, 2008, United States Steel Corporation, the other petitioner in the investigation (collectively petitioners), also submitted comments regarding respondent’s ministerial error allegations. In accordance with 19 CFR 351.224(e), on January 12, 2009, the Department issued its Ministerial Error Correction Memo addressing the parties’ ministerial error allegations. As discussed in the memorandum, the Department accepted some of the allegations as ministerial errors and stated that it would make those corrections by amending the Final Determination. See Memorandum to Stephen J. Claeys, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Melissa G. Skinner, Director, Office 3 Operations, regarding ‘‘Final Determination Ministerial Error Allegations’’ (January 12, 2009) (Ministerial Error Memorandum). After analyzing all interested party comments and rebuttals, we have determined, in accordance with 19 CFR 351.224 (e), that we made ministerial errors in our calculations performed for the final determination. As a result of correcting for these errors, the countervailing duty calculated for the Huludao Companies has changed from 35.63 percent to 31.29 percent. There was no change to the countervailing duty calculated for Liaoning Northern Steel Pipe Co., Ltd. Section 705(c)(5)(A) of the Act states that for companies not investigated, we will determine an all–others rate by weighting the individual company subsidy rate of each of the companies investigated by each company’s exports of the subject merchandise to the United States. The all–others rate may not include zero and de minimis net subsidy rates, or any rates based solely on the facts available. Notwithstanding the language of section 705(c)(1)(B)(i)(I) of the Act, we have not calculated the all–others rate by weight averaging the rates of the Huludao Companies and Northern Steel because doing so risks disclosure of proprietary information. Therefore, for the all–others rate, we have calculated a simple average of the two responding firms’ rates. In accordance with 19 CFR 351.224 (e), we are amending the subsidy rates of line pipe from the PRC. The revised subsidy rates are listed in the chart below. E:\FR\FM\23JAN1.SGM 23JAN1 4138 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices Original Net Subsidy Rate mstockstill on PROD1PC66 with NOTICES Huludao Companies ............................................................................................ Liaoning Northern Steel Pipe Co., Ltd. ............................................................... All Others Rate .................................................................................................... Countervailing Duty Order On January 7, 2009, 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 line pipe is materially injured within the meaning of section 705(b) (1)(A)(i) of the Act by reason of subsidized imports of line pipe from the PRC. Therefore, countervailing duties will be assessed on all unliquidated entries of line pipe from the PRC entered or withdrawn from warehouse, for consumption, on or after September 9, 2008, the date on which the Department published its preliminary affirmative countervailing duty determination in the Federal Register. See Circular Welded Line Pipe from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, 73 FR 52297 (September 9, 2008). In accordance with section 706 of the Act, the Department will direct CBP to continue to suspend liquidation, effective the date of publication of this order 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 amended net countervailable subsidy rates for the subject merchandise as noted above. Further, with respect to Huludao, we are directing CBP to require a cash deposit 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 final determination in the Federal Register. We are further directing CBP to grant a refund for any over collection on entries entered, or withdrawn from warehouse, for consumption on or after the publication date of the Final Determination and on or before the publication date of the amended final determination and order in the Federal Register, provided the importer makes such a request pursuant to 19 USC § 1520(a)(4). Regarding the rate applied to all other companies not individually investigated for the amended final, we are directing CBP to require a cash deposit for such entries of subject merchandise in the amount indicated above that are VerDate Nov<24>2008 20:16 Jan 22, 2009 Jkt 217001 35.63% 40.05% 37.84% entered, or withdrawn from warehouse, for consumption on or after the publication date of the amended final determination in the Federal Register. We are further directing CBP to grant a refund for any over collection on entries entered, or withdrawn from warehouse, for consumption on or after the publication date of the Final Determination and on or before the publication date of the amended final determination in the Federal Register, provided the importer makes such a request pursuant to 19 USC § 1520(a)(4). This notice constitutes the countervailing duty order with respect to line pipe from the PRC, pursuant to section 706(a) of the Act. Interested parties may contact the Department’s Central Records Unit, 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 736(a) of the Act, 19 CFR 351.211(b) and 19 CFR 351.224(e). Dated: January 14, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–1446 Filed 1–22–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–882 Refined Brown Aluminum Oxide from the People’s Republic of China: Final Results of Expedited Sunset Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 1, 2008, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty order on refined brown aluminum oxide (RBAO) from the People’s Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department conducted an expedited (120–day) sunset review of this order. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Amended Net Subsidy Rate 31.29% (no change) 35.67% dumping. The dumping margins are identified in the Final Results of Review section of this notice. EFFECTIVE DATE: January 23, 2009. FOR FURTHER INFORMATION: David Goldberger or Brandon Farlander, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4136 or (202) 482– 0182, respectively. SUPPLEMENTARY INFORMATION: Background: On October 1, 2008, the Department published the notice of initiation of the sunset review of the antidumping duty order on RBAO from the PRC pursuant to section 751(c) of the Act. See Initiation of Five–Year (‘‘Sunset’’) Review, 73 FR 57055, October 1, 2008. The Department received a Notice of Intent to Participate from the following domestic producers of RBAO: C–E Minerals, Inc., Great Lakes Minerals LLC, Treibacher Schleifmittel North America, Inc., U.S. Electrofused Minerals, Inc., and Washington Mills Company, Inc. (collectively ‘‘the domestic interested parties’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers of a domestic– like product in the United States. We received a complete substantive response from the domestic interested parties within the 30–day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120–day) sunset review of the order. Scope of the Order The merchandise covered by this order is ground, pulverized or refined brown artificial corundum, also known as brown aluminum oxide or brown fused alumina, in grit size of 3/8 inch or less. Excluded from the scope of the order is crude artificial corundum in which particles with a diameter greater than 3/8 inch constitute at least 50 percent of the total weight of the entire E:\FR\FM\23JAN1.SGM 23JAN1

Agencies

[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4136-4138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1446]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-936]>


Circular Welded Carbon Quality Steel Line 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 certain

[[Page 4137]]

circular welded carbon quality steel line pipe (line pipe) from the 
People's Republic of China (PRC). On January 7, 2009, the ITC notified 
the Department of its affirmative determination of material injury to a 
U.S. industry. See Circular Welded Carbon Quality Steel Line Pipe from 
China, USITC Pub. 4055, Inv. Nos. 701-TA-455 (Final) (January 2009).

EFFECTIVE DATE: January 23, 2009.

FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009.

SUPPLEMENTARY INFORMATION:

Case History

    On November 24, 2008, the Department published its final 
determination in the countervailing duty investigation of line pipe 
from the PRC. See Circular Welded Carbon Quality Steel Line Pipe from 
the People's Republic of China: Final Affirmative Countervailing Duty 
Determination, 73 FR 70961 (November 24, 2008) (Final Determination).
    On January 7, 2009, 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 from the PRC. See Circular 
Welded Carbon Quality Steel Line Pipe from China, USITC Pub. 4055, Inv. 
Nos. 701-TA-455 (Final) (January 2009).

Scope of Order

    The merchandise covered by this order is circular welded carbon 
quality steel pipe of a kind used for oil and gas pipelines (welded 
line pipe), not more than 406.4 mm (16 inches) in outside diameter, 
regardless of wall thickness, length, surface finish, end finish or 
stenciling.
    The term ``carbon quality steel'' includes both carbon steel and 
carbon steel mixed with small amounts of alloying elements that may 
exceed the individual weight limits for non alloy steels imposed in the 
Harmonized Tariff Schedule of the United States (HTSUS). Specifically, 
the term ``carbon quality'' includes products in which (1) iron 
predominates by weight over each of the other contained elements, (2) 
the carbon content is 2 percent or less by weight and (3) none of the 
elements listed below exceeds the quantity by weight respectively 
indicated:
(i) 2.00 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) 0.012 percent of boron,
(xi) 0.50 percent of molybdenum,
(xii) 0.15 percent of niobium,
(xiii) 0.41 percent of titanium,
(xiv) 0.15 percent of vanadium, or
(xv) 0.15 percent of zirconium.
    Welded line pipe is normally produced to specifications published 
by the American Petroleum Institute (API) (or comparable foreign 
specifications) including API A-25, 5LA, 5LB, and X grades from 42 and 
above, and/or any other proprietary grades or non-graded material. 
Nevertheless, all pipe meeting the physical description set forth above 
that is of a kind used in oil and gas pipelines, including all 
multiple-stenciled pipe with an API welded line pipe stencil is covered 
by the scope of this order.
    Excluded from this scope are pipes of a kind used for oil and gas 
pipelines that are multiple-stenciled to a standard and/or structural 
specification and have one or more of the following characteristics: is 
32 feet in length or less; is less than 2.0 inches (50 mm) in outside 
diameter; has a galvanized and/or painted surface finish; or has a 
threaded and/or coupled end finish. (The term ``painted'' does not 
include coatings to inhibit rust in transit, such as varnish, but 
includes coatings such as polyester.)
    The welded line pipe products that are the subject of this order 
are currently classifiable in the HTSUS under subheadings 
7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. While 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this order is dispositive.

Amendment to the Final Determination

    In accordance with sections 705(d) and 777(i) (1) of the Act, on 
November 24, 2008, the Department published its notice of final 
affirmative countervailing duty determination in the countervailing 
duty investigation of line pipe from the PRC. See Final Determination. 
On December 1, 2008, Maverick Tube Corporation (Maverick), one of the 
two petitioners in the investigation, and (Huludao Seven Star Group), 
Huludao Steel Pipe Industrial Co. Ltd. (Huludao Steel Pipe), and 
Huludao Bohai Oil Pipe Industrial Co. Ltd. (Huludao Bohai), the 
respondent, (collectively, Huludao) submitted timely ministerial error 
allegations with respect to the Final Determination. On December 5, 
2008, Maverick submitted rebuttal comments to the respondent's 
ministerial error allegation and on December 8, 2008, United States 
Steel Corporation, the other petitioner in the investigation 
(collectively petitioners), also submitted comments regarding 
respondent's ministerial error allegations.
    In accordance with 19 CFR 351.224(e), on January 12, 2009, the 
Department issued its Ministerial Error Correction Memo addressing the 
parties' ministerial error allegations. As discussed in the memorandum, 
the Department accepted some of the allegations as ministerial errors 
and stated that it would make those corrections by amending the Final 
Determination. See Memorandum to Stephen J. Claeys, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Melissa G. Skinner, Director, Office 3 Operations, regarding ``Final 
Determination Ministerial Error Allegations'' (January 12, 2009) 
(Ministerial Error Memorandum).
    After analyzing all interested party comments and rebuttals, we 
have determined, in accordance with 19 CFR 351.224 (e), that we made 
ministerial errors in our calculations performed for the final 
determination. As a result of correcting for these errors, the 
countervailing duty calculated for the Huludao Companies has changed 
from 35.63 percent to 31.29 percent. There was no change to the 
countervailing duty calculated for Liaoning Northern Steel Pipe Co., 
Ltd.
    Section 705(c)(5)(A) of the Act states that for companies not 
investigated, we will determine an all-others rate by weighting the 
individual company subsidy rate of each of the companies investigated 
by each company's exports of the subject merchandise to the United 
States. The all-others rate may not include zero and de minimis net 
subsidy rates, or any rates based solely on the facts available. 
Notwithstanding the language of section 705(c)(1)(B)(i)(I) of the Act, 
we have not calculated the all-others rate by weight averaging the 
rates of the Huludao Companies and Northern Steel because doing so 
risks disclosure of proprietary information. Therefore, for the all-
others rate, we have calculated a simple average of the two responding 
firms' rates. In accordance with 19 CFR 351.224 (e), we are amending 
the subsidy rates of line pipe from the PRC. The revised subsidy rates 
are listed in the chart below.

[[Page 4138]]



----------------------------------------------------------------------------------------------------------------
                                                        Original Net Subsidy Rate     Amended Net Subsidy Rate
----------------------------------------------------------------------------------------------------------------
Huludao Companies...................................                        35.63%                        31.29%
Liaoning Northern Steel Pipe Co., Ltd...............                        40.05%                   (no change)
All Others Rate.....................................                        37.84%                        35.67%
----------------------------------------------------------------------------------------------------------------

Countervailing Duty Order

    On January 7, 2009, 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 line pipe is materially injured 
within the meaning of section 705(b) (1)(A)(i) of the Act by reason of 
subsidized imports of line pipe from the PRC. Therefore, countervailing 
duties will be assessed on all unliquidated entries of line pipe from 
the PRC entered or withdrawn from warehouse, for consumption, on or 
after September 9, 2008, the date on which the Department published its 
preliminary affirmative countervailing duty determination in the 
Federal Register. See Circular Welded Line Pipe from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, 73 FR 52297 (September 9, 2008).
    In accordance with section 706 of the Act, the Department will 
direct CBP to continue to suspend liquidation, effective the date of 
publication of this order 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 amended net countervailable subsidy rates for 
the subject merchandise as noted above. Further, with respect to 
Huludao, we are directing CBP to require a cash deposit 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 final determination in the Federal 
Register. We are further directing CBP to grant a refund for any over 
collection on entries entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the Final Determination 
and on or before the publication date of the amended final 
determination and order in the Federal Register, provided the importer 
makes such a request pursuant to 19 USC Sec.  1520(a)(4).
    Regarding the rate applied to all other companies not individually 
investigated for the amended final, we are directing CBP to require a 
cash deposit 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 the amended final 
determination in the Federal Register. We are further directing CBP to 
grant a refund for any over collection on entries entered, or withdrawn 
from warehouse, for consumption on or after the publication date of the 
Final Determination and on or before the publication date of the 
amended final determination in the Federal Register, provided the 
importer makes such a request pursuant to 19 USC Sec.  1520(a)(4).
    This notice constitutes the countervailing duty order with respect 
to line pipe from the PRC, pursuant to section 706(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
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 
736(a) of the Act, 19 CFR 351.211(b) and 19 CFR 351.224(e).

    Dated: January 14, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-1446 Filed 1-22-09; 8:45 am]
BILLING CODE 3510-DS-S