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