Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 4936-4938 [E9-1829]
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4936
Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
is materially injured, or threatened with
material injury, by reason of imports of
lawn groomers, or sales (or the
likelihood of sales) for importation, of
the subject merchandise within 45 days
of our final determination.
sroberts on PROD1PC70 with NOTICES
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Import Administration no
later than seven days after the date the
final verification report is issued in this
proceeding and rebuttal briefs, limited
to issues raised in case briefs, no later
than five days after the deadline for
submitting case briefs. See 19 CFR
351.309(c)(1)(i) and 19 CFR
351.309(d)(1) and (2). A list of
authorities used and an executive
summary of issues should accompany
any briefs submitted to the Department.
This summary should be limited to five
pages total, including footnotes. See 19
CFR 351.309(c)(2) and 19 CFR
351.309(d)(2).
In accordance with section 774(a)(1)
of the Act, we will hold a public
hearing, if requested, to afford interested
parties an opportunity to comment on
arguments raised in case or rebuttal
briefs. If a request for a hearing is made,
we intend to hold the hearing three days
after the deadline of submission of
rebuttal briefs at the U.S. Department of
Commerce, 14th Street and Constitution
Ave, NW, Washington, DC 20230, at a
time and location to be determined.
Parties should confirm by telephone the
date, time, and location of the hearing
two days before the scheduled date.
Interested parties that wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, Room 1870, within 30
days after the date of publication of this
notice. See 19 CFR 351.310(c). Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. At the hearing,
each party may make an affirmative
presentation only on issues raised in
that party’s case brief and may make
rebuttal presentations only on
arguments included in that party’s
rebuttal brief. See 19 CFR 351.310(c).
Postponement of Final Determination
Pursuant to section 735(a)(2) of the
Act, on December 18, 2008, and
December 23, 2008, Princeway and
Superpower, respectively, requested
that in the event of an affirmative
preliminary determination in this
investigation, the Department postpone
its final determination by 60 days. At
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17:30 Jan 27, 2009
Jkt 217001
the same time, Princeway and
Superpower agreed that the Department
may extend the application of the
provisional measures prescribed under
19 CFR 351.210(e)(2) from a 4–month
period to a 6–month period. In
accordance with section 733(d) of the
Act and 19 CFR 351.210(b)(2)(ii), we are
granting the request and are postponing
the final determination until no later
than 135 days after the publication of
this notice in the Federal Register
because: (1) our preliminary
determination is affirmative, (2) the
requesting exporters account for a
significant proportion of exports of the
subject merchandise (see Respondent
Selection Memorandum), and (3) no
compelling reasons for denial exist.
Suspension of liquidation will be
extended accordingly.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: January 16, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–1721 Filed 1–28–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(C–570–931)
Circular Welded Austenitic Stainless
Pressure Pipe from the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has made a final
determination that countervailable
subsidies are being provided to
producers and exporters of circular
welded austenitic stainless pressure
pipe (CWASPP) from the People’s
Republic of China (PRC). For
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
EFFECTIVE DATE: January 28, 2009.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak, IA Operations, Office 3,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, Room 4012, 14th Street
and Constitution Avenue, NW,
Washington, DC 20230; telephone: 202–
482–2209.
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4703
Sfmt 4703
Petitioner
The petitioners in this investigation
are Bristol Metals LLP, Felker Brothers
Corp., Marcegaglia U.S.A., Inc.,
Outokumpu Stainless Pipe, Inc., and the
United Steelworkers (petitioners).
Period of Investigation
The period for which we are
measuring subsidies, or period of
investigation (POI), is January 1, 2007,
through December 31, 2007.
Case History
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 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 made changes to the
Preliminary Determination. On August
7, 2008, we published in the Federal
Register the amended preliminary
determination. See Circular Welded
Austenitic Stainless Pressure Pipe From
the People’s Republic of China: Notice
of Amended Preliminary Countervailing
Duty Determination 73 FR 45954
(August 7, 2008) (Amended Preliminary
Determination).
On August 8, 2008, the GOC
requested a hearing. On August 11,
2008, petitioners requested a hearing.
On December 16, 2008, we received
case briefs regarding the Preliminary
Determination from the Government of
the People’s Republic of China (GOC),
petitioners, and Winner Stainless Tube
Co., Ltd. (Winner), Winner Steel
Products (Guangzhou)(WSP), and
Winner Machinery Enterprise Company
Limited (Winner HK) (collectively the
Winner Companies). On December 17,
2008, the GOC filed a letter correcting
inadvertent errors its case brief. On
December, 22, 2008, the GOC,
petitioners, and the Winner Companies
submitted rebuttal briefs.
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28JAN1
Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
On January 7, 2009, the Department
issued a post–preliminary
determination decision memorandum
regarding the new subsidy allegations
that were filed by petitioners on May 30,
2008. On January 12, 2009, we received
case briefs regarding this post–
preliminary determination decision
memorandum from GOC, petitioners,
and the Winner Companies. On 14,
2009, the GOC, petitioners, and the
Winner Companies submitted rebuttal
briefs on this decision memorandum.
The GOC and petitioners withdrew
their requests for a hearing on January
8, 2009.
sroberts on PROD1PC70 with NOTICES
Scope of 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. 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.
Scope Comments
Interested parties submitted
comments on the scope of investigation.
Those comments are fully addressed in
the preliminary determination of the
companion AD investigation. See
Circular Welded Austenitic Stainless
Pressure Pipe from the People’s
Republic of China: Preliminary
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17:30 Jan 27, 2009
Jkt 217001
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 73 FR 51788, 51789
(September 5, 2008).
Injury Test
Because the PRC is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the
International Trade Commission (ITC)
must determine whether imports of the
subject merchandise from the PRC
materially injure, or threaten material
injury to a U.S. industry. On March 25,
2008, the ITC published its preliminary
determination that there is a reasonable
indication that an industry in the
United States is materially injured or
threatened with material injury by
reason of imports from the PRC of
subject merchandise. See Welded
Stainless Steel Pressure Pipe from
China, USITC Pub. 3986, Inv. Nos. 701–
TA–454 and 731–TA–1144
(Preliminary) (March 2008); and Welded
Stainless Pressure Pipe from China, 73
FR 16911 (Preliminary)(March 31,
2008).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the
accompanying January 21, 2008,
memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration from John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping Duty/Countervailing Duty
Operations, which is titled Issues and
Decision Memorandum for Final
Determination (Decision Memorandum)
and is on file in Central Records Unit
(CRU), room 1117 of the main
Commerce building. Attached to this
notice as an Appendix is a list of the
issues that parties raised and to which
we have responded in the Decision
Memorandum. Parties can find a
complete discussion of all issues raised
in this investigation and the
corresponding recommendations in this
public memorandum, which is on file in
the Department’s CRU. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Internet at https://ia.ita.doc.gov/
frn/. The paper copy and electronic
version of the Decision Memorandum
are identical in content.
Application of Facts Available,
Including the Application of Adverse
Inferences
For purposes of this final
determination, we have relied on facts
available and have used adverse
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Fmt 4703
Sfmt 4703
4937
inferences to determine the
countervailable subsidy rates for Froch,
which is one of the two mandatory
respondents, in accordance with
sections 776(a) and (b) of the Act. A full
discussion of our decision to apply
adverse facts available (AFA) is
presented in the Decision Memorandum
in the section ‘‘Application of Facts
Available and Use of Adverse
Inferences’’ and in ‘‘Analysis of
Comments’’ at Comment 11.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i)(I) of the Act, we have
calculated an individual rate for the
companies under investigation, the
Winner Companies and Froch
Enterprise Co. Ltd. (Froch). With respect
to the all–others rate, section
705(c)(5)(A)(i) of the Act provides that
the all others rate is to be the weighted
average of the rates established for
respondents individually investigated,
excluding zero or de minimis rates or
rates based entirely on facts available.
Based on the facts and circumstances of
this investigation, we find that section
705(c)(5)(A)(i) is applicable in
determining the all others rate. In this
case, the Department selected two
mandatory respondents as
representative of all producers/exporters
of CWASPP from the PRC. One of the
two company respondents, Froch, did
not respond to the questionnaire, and
thus we have determined its
countervailable subsidy rates based
entirely on adverse facts available
Because the Winner Companies’ rate is
not de minimis and is not based entirely
on facts available, we determine the
Winner Companies’ rate to be the all
others rate.
Exporter/Manufacturer
Winner Stainless Steel
Tube Co. Ltd. (Winner)/ Winner Steel
Products
(Guangzhou) Co.,
Ltd. (WSP)/ Winner
Machinery Enterprises Company Limited (Winner HK)
(Collectively the Winner Companies) ........
Froch Enterprise Co.
Ltd. (Froch) (also
known as Zhangyuan
Metal Industry Co.
Ltd.) ...........................
All Others ......................
Net Subsidy Rate
1.10 percent ad
valorem
299.16 percent ad
valorem
1.10 percent ad
valorem
As a result of our Preliminary
Determination and pursuant to section
E:\FR\FM\28JAN1.SGM
28JAN1
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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices
703(d) of the Act, we instructed the U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
CWASPP from the PRC which were
entered or withdrawn from warehouse,
for consumption on or after July 10,
2008, the date of the publication of the
Preliminary Determination in the
Federal Register. In accordance with
sections 703(d) of the Act, we will be
issuing instructions to CBP to
discontinue the suspension of
liquidation for countervailing duty
purposes for subject merchandise
entered, or withdrawn from warehouse,
on or after November 7, 2008, but to
continue the suspension of liquidation
of all entries from July 10, 2008 through
November 6, 2008.
We will issue a CVD order and
reinstate the suspension of liquidation
under section 706(a) of the Act if the
ITC issues a final affirmative injury
determination, and will require a cash
deposit of estimated countervailing
duties for such entries of merchandise
in the amounts indicated above. If the
ITC determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
sroberts on PROD1PC70 with NOTICES
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all non–
privileged and non–proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an APO, without the written
consent of the Assistant Secretary for
Import Administration.
Return or Destruction of Proprietary
Information
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
VerDate Nov<24>2008
17:30 Jan 27, 2009
Jkt 217001
This determination is published
pursuant to sections 705(d) and 777(i) of
the Act.
DEPARTMENT OF COMMERCE
Dated: January 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[C–489–806]
APPENDIX
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Marsan Gida Sanayi ve Ticaret A.S.
(‘‘Marsan’’) pursuant to section 751(b)(1)
of the Tariff Act of 1930, as amended
(‘‘the Act’’) and 19 CFR 351.216 and
351.221(c)(3), the Department of
Commerce (‘‘the Department’’) is
initiating a changed circumstances
review of the countervailing duty
(‘‘CVD’’) order on certain pasta (‘‘Pasta’’)
from Turkey. Marsan, a producer of
pasta, claims that Gidasa Sabanci Gida
Sanayi ve Ticaret A.S. (‘‘Gidasa’’)
changed its corporate name to Marsan
and, therefore, Marsan should be
entitled to the same cash deposit rate as
its predecessor company, Gidasa.
EFFECTIVE DATE: January 28, 2009.
FOR FURTHER INFORMATION CONTACT:
Shelly Atkinson, Office of AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0116.
SUPPLEMENTARY INFORMATION:
List of Comments and Issues in the
Decision Memorandum
Comment 1: Whether the Department
Reasonably Treated China as a
Developed Country for CVD De Minimis
Purposes
Comment 2: Whether Winner HK
Should be Treated as a PRC Entity for
Purposes of Attribution
Comment 3: Whether the Total Sales
Figure Used as the Denominator in the
Preliminary Determination and Interim
Decision Memorandum is Correct
Comment 4: Whether the Department
Has the Legal Authority to Apply the
CVD Law to the PRC While
Simultaneously Treating the PRC as an
NME in Parallel Antidumping
Investigations
Comment 5: Whether the Provision of
SSC to SOEs Constitutes the Provision
of a Good by a Government Authority
Comment 6: Whether the Sale of HRS
from Privately–Held Trading Companies
Constitutes a Financial Contribution
Under the Act
Comment 7: Whether the Provision of
SSC is Specific and the Applicability of
the Department’s Use of AFA in its
Determination of De Facto Specificity
Comment 8: Whether the Department
Should Countervail the Provision of
Land
Comment 9: Whether the Department
Should Countervail FIE Tax Programs
that are Industry, Regionally, or Export/
Domestic Use Neutral
Comment 10: Whether the Department’s
Prevailing Interest Rate Methodology
Should be Used to Calculate any
Subsidy in this Case
Comment 11: Whether the Department’s
Choice of Adverse Facts Applied to the
Non–Cooperating Respondent is
Contrary to Law
Comment 12: Whether the Department’s
Methodology for Determining the All–
Others rate in its Amended Preliminary
Results is Unreasonable
[FR Doc. E9–1829 Filed 1–27–09; 8:45 am]
BILLING CODE 3510–DS–S
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International Trade Administration
Notice of Initiation of Countervailing
Duty Changed Circumstances Review:
Certain Pasta from Turkey
Background
On July 24, 1996, the Department
published in the Federal Register the
CVD order on Pasta from Turkey. See
Notice of Countervailing Duty Order:
Certain Pasta (‘‘Pasta’’) From Turkey, 61
FR 38546 (July 24, 1996). Since then,
the Department has completed two
administrative reviews of this CVD
order but is not currently conducting an
administrative review. See Certain Pasta
From Turkey: Final Results of
Countervailing Duty Administrative
Review, 66 FR 64398 (December 13,
2001); Certain Pasta from Turkey: Final
Results of Countervailing Duty
Administrative Review, 71 FR 52774
(September 7, 2006) (‘‘Pasta from
Turkey: Results of Administrative
Review’’). Also, with respect to Gidasa,
in July 2003, the Department
determined that Gidasa was the
successor–in-interest to Maktas
Makarnacilik ve Ticaret A.S. (‘‘Maktas’’)
and that Gidasa was entitled to the cash
deposit rate assigned to Maktas in the
most recently completed CVD
administrative review. See Notice of
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28JAN1
]]>Agencies
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Pages 4936-4938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1829]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-570-931)
Circular Welded Austenitic Stainless Pressure Pipe from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has made a final
determination that countervailable subsidies are being provided to
producers and exporters of circular welded austenitic stainless
pressure pipe (CWASPP) from the People's Republic of China (PRC). For
information on the estimated subsidy rates, see the ``Suspension of
Liquidation'' section of this notice.
EFFECTIVE DATE: January 28, 2009.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, IA Operations, Office
3, Import Administration, International Trade Administration, U.S.
Department of Commerce, Room 4012, 14th Street and Constitution Avenue,
NW, Washington, DC 20230; telephone: 202-482-2209.
SUPPLEMENTARY INFORMATION:
Petitioner
The petitioners in this investigation are Bristol Metals LLP,
Felker Brothers Corp., Marcegaglia U.S.A., Inc., Outokumpu Stainless
Pipe, Inc., and the United Steelworkers (petitioners).
Period of Investigation
The period for which we are measuring subsidies, or period of
investigation (POI), is January 1, 2007, through December 31, 2007.
Case History
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 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 made changes to the
Preliminary Determination. On August 7, 2008, we published in the
Federal Register the amended preliminary determination. See Circular
Welded Austenitic Stainless Pressure Pipe From the People's Republic of
China: Notice of Amended Preliminary Countervailing Duty Determination
73 FR 45954 (August 7, 2008) (Amended Preliminary Determination).
On August 8, 2008, the GOC requested a hearing. On August 11, 2008,
petitioners requested a hearing.
On December 16, 2008, we received case briefs regarding the
Preliminary Determination from the Government of the People's Republic
of China (GOC), petitioners, and Winner Stainless Tube Co., Ltd.
(Winner), Winner Steel Products (Guangzhou)(WSP), and Winner Machinery
Enterprise Company Limited (Winner HK) (collectively the Winner
Companies). On December 17, 2008, the GOC filed a letter correcting
inadvertent errors its case brief. On December, 22, 2008, the GOC,
petitioners, and the Winner Companies submitted rebuttal briefs.
[[Page 4937]]
On January 7, 2009, the Department issued a post-preliminary
determination decision memorandum regarding the new subsidy allegations
that were filed by petitioners on May 30, 2008. On January 12, 2009, we
received case briefs regarding this post-preliminary determination
decision memorandum from GOC, petitioners, and the Winner Companies. On
14, 2009, the GOC, petitioners, and the Winner Companies submitted
rebuttal briefs on this decision memorandum.
The GOC and petitioners withdrew their requests for a hearing on
January 8, 2009.
Scope of 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.
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.
Scope Comments
Interested parties submitted comments on the scope of
investigation. Those comments are fully addressed in the preliminary
determination of the companion AD investigation. See Circular Welded
Austenitic Stainless Pressure Pipe from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 73 FR 51788, 51789 (September 5,
2008).
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the International Trade
Commission (ITC) must determine whether imports of the subject
merchandise from the PRC materially injure, or threaten material injury
to a U.S. industry. On March 25, 2008, the ITC published its
preliminary determination that there is a reasonable indication that an
industry in the United States is materially injured or threatened with
material injury by reason of imports from the PRC of subject
merchandise. See Welded Stainless Steel Pressure Pipe from China, USITC
Pub. 3986, Inv. Nos. 701-TA-454 and 731-TA-1144 (Preliminary) (March
2008); and Welded Stainless Pressure Pipe from China, 73 FR 16911
(Preliminary)(March 31, 2008).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the accompanying January 21, 2008,
memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for
Import Administration from John M. Andersen, Acting Deputy Assistant
Secretary for Antidumping Duty/Countervailing Duty Operations, which is
titled Issues and Decision Memorandum for Final Determination (Decision
Memorandum) and is on file in Central Records Unit (CRU), room 1117 of
the main Commerce building. Attached to this notice as an Appendix is a
list of the issues that parties raised and to which we have responded
in the Decision Memorandum. Parties can find a complete discussion of
all issues raised in this investigation and the corresponding
recommendations in this public memorandum, which is on file in the
Department's CRU. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Internet at https://
ia.ita.doc.gov/frn/. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Application of Facts Available, Including the Application of Adverse
Inferences
For purposes of this final determination, we have relied on facts
available and have used adverse inferences to determine the
countervailable subsidy rates for Froch, which is one of the two
mandatory respondents, in accordance with sections 776(a) and (b) of
the Act. A full discussion of our decision to apply adverse facts
available (AFA) is presented in the Decision Memorandum in the section
``Application of Facts Available and Use of Adverse Inferences'' and in
``Analysis of Comments'' at Comment 11.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have
calculated an individual rate for the companies under investigation,
the Winner Companies and Froch Enterprise Co. Ltd. (Froch). With
respect to the all-others rate, section 705(c)(5)(A)(i) of the Act
provides that the all others rate is to be the weighted average of the
rates established for respondents individually investigated, excluding
zero or de minimis rates or rates based entirely on facts available.
Based on the facts and circumstances of this investigation, we find
that section 705(c)(5)(A)(i) is applicable in determining the all
others rate. In this case, the Department selected two mandatory
respondents as representative of all producers/exporters of CWASPP from
the PRC. One of the two company respondents, Froch, did not respond to
the questionnaire, and thus we have determined its countervailable
subsidy rates based entirely on adverse facts available Because the
Winner Companies' rate is not de minimis and is not based entirely on
facts available, we determine the Winner Companies' rate to be the all
others rate.
------------------------------------------------------------------------
Exporter/Manufacturer Net Subsidy Rate
------------------------------------------------------------------------
Winner Stainless Steel Tube Co. Ltd. (Winner)/ 1.10 percent ad
Winner Steel Products (Guangzhou) Co., Ltd. (WSP)/ valorem
Winner Machinery Enterprises Company Limited
(Winner HK) (Collectively the Winner Companies)....
Froch Enterprise Co. Ltd. (Froch) (also known as 299.16 percent ad
Zhangyuan Metal Industry Co. Ltd.)................. valorem
All Others.......................................... 1.10 percent ad
valorem
------------------------------------------------------------------------
As a result of our Preliminary Determination and pursuant to
section
[[Page 4938]]
703(d) of the Act, we instructed the U.S. Customs and Border Protection
(CBP) to suspend liquidation of all entries of CWASPP from the PRC
which were entered or withdrawn from warehouse, for consumption on or
after July 10, 2008, the date of the publication of the Preliminary
Determination in the Federal Register. In accordance with sections
703(d) of the Act, we will be issuing instructions to CBP to
discontinue the suspension of liquidation for countervailing duty
purposes for subject merchandise entered, or withdrawn from warehouse,
on or after November 7, 2008, but to continue the suspension of
liquidation of all entries from July 10, 2008 through November 6, 2008.
We will issue a CVD order and reinstate the suspension of
liquidation under section 706(a) of the Act if the ITC issues a final
affirmative injury determination, and will require a cash deposit of
estimated countervailing duties for such entries of merchandise in the
amounts indicated above. If the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated and all estimated duties deposited or securities posted as a
result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an APO, without the written consent of the Assistant Secretary
for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an administrative protective order (APO) of their
responsibility concerning the destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: January 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
APPENDIX
List of Comments and Issues in the Decision Memorandum
Comment 1: Whether the Department Reasonably Treated China as a
Developed Country for CVD De Minimis Purposes
Comment 2: Whether Winner HK Should be Treated as a PRC Entity for
Purposes of Attribution
Comment 3: Whether the Total Sales Figure Used as the Denominator in
the Preliminary Determination and Interim Decision Memorandum is
Correct
Comment 4: Whether the Department Has the Legal Authority to Apply the
CVD Law to the PRC While Simultaneously Treating the PRC as an NME in
Parallel Antidumping Investigations
Comment 5: Whether the Provision of SSC to SOEs Constitutes the
Provision of a Good by a Government Authority
Comment 6: Whether the Sale of HRS from Privately-Held Trading
Companies Constitutes a Financial Contribution Under the Act
Comment 7: Whether the Provision of SSC is Specific and the
Applicability of the Department's Use of AFA in its Determination of De
Facto Specificity
Comment 8: Whether the Department Should Countervail the Provision of
Land
Comment 9: Whether the Department Should Countervail FIE Tax Programs
that are Industry, Regionally, or Export/Domestic Use Neutral
Comment 10: Whether the Department's Prevailing Interest Rate
Methodology Should be Used to Calculate any Subsidy in this Case
Comment 11: Whether the Department's Choice of Adverse Facts Applied to
the Non-Cooperating Respondent is Contrary to Law
Comment 12: Whether the Department's Methodology for Determining the
All-Others rate in its Amended Preliminary Results is Unreasonable
[FR Doc. E9-1829 Filed 1-27-09; 8:45 am]
BILLING CODE 3510-DS-S
