Antidumping Duty Order: Circular Welded Austenitic Stainless Pressure Pipe from the People's Republic of China, 11351-11352 [E9-5730]

Download as PDF Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each of the reviewed companies that received a separate rate in this review will be the rate listed in the final results of review (except that if the rate for a particular company is de minimis, i.e., less than 0.5 percent, no cash deposit will be required for that company); (2) for previously investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period of review; (3) if the exporter is not a firm covered in this review, a prior review, or the original less than fair value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will be the Vietnam-wide rate of 63.88 percent. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. dwashington3 on PROD1PC60 with NOTICES Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. 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. We are issuing and publishing the final results of these administrative and new shipper reviews and notice in accordance with sections 751(a)(1) and (2) and 777(i) of the Act. VerDate Nov<24>2008 13:44 Mar 16, 2009 Jkt 217001 Dated: March 9, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I—Decision Memorandum COMMENT 1: SURROGATE FINANCIAL RATIOS A. Bionic 5 B. Gemini 6 COMMENT 2: SURROGATE VALUE FOR WHOLE LIVE FISH COMMENT 3: SURROGATE VALUE FOR BROKEN FILLETS COMMENT 4: INFLATORS FOR CERTAIN FACTORS OF PRODUCTION COMMENT 5: QVD A. QVD’S U.S. SALES DATA B. INTERNATIONAL FREIGHT CALCULATION C. DUTY ABSORPTION D. COLLAPSING QVD/DONG THAP AND THUAN HUNG E. LABELS SURROGATE VALUE F. DIESEL FUEL SURROGATE VALUE COMMENT 6: AGIFISH SEPARATE RATE MARGIN COMMENT 7: AN XUYEN SEPARATE RATE MARGIN COMMENT 8: SOUTH VINA A. BONA FIDE SALES B. SURROGATE VALUE FOR HYDRATECH C. SURROGATE VALUE FOR WHITECH COMMENT 9: BINH AN A. BONA FIDE SALES B. INTERNATIONAL FREIGHT C. DIESEL D. ELECTRICITY [FR Doc. E9–5744 Filed 3–16–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration A–570–930 Antidumping Duty Order: Circular Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 17, 2009. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an antidumping duty order on circular welded austenitic stainless pressure pipe from the People’s Republic of China (‘‘PRC’’). FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Howard Smith, AD/CVD Operations, Office 4, Import 5 Bionic Sea Food (‘‘Bionic’’). Sea Food Ltd. (‘‘Gemini’’). 6 Gemini PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 11351 Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482–3518 and 482– 5193, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the ‘‘Act’’), on January 28, 2009, the Department published its final determination in the antidumping duty investigation of circular welded austenitic stainless pressure pipe from the PRC. See Circular Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 74 FR 4913 (January 28, 2009). On March 12, 2009, the ITC notified the Department of its affirmative final determination of material injury to a U.S. industry. See Welded Stainless Steel Pressure Pipe from China, Investigation Nos. 701–TA– 454 and 731–TA–1144 (Final), USITC Publication, 4064 (March 2009). Scope of the Order The merchandise covered by this order is circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. This merchandise includes, but is not limited to, the American Society for Testing and Materials (‘‘ASTM’’) A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. ASTM A–358 products are only included when they are produced to meet ASTM A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. Excluded from the scope are: (1) welded stainless mechanical tubing, meeting ASTM A– 554 or comparable domestic or foreign specifications; (2) boiler, heat exchanger, superheater, refining furnace, feedwater heater, and condenser tubing, meeting ASTM A– 249, ASTM A–688 or comparable domestic or foreign specifications; and (3) specialized tubing, meeting ASTM A–269, ASTM A–270 or comparable domestic or foreign specifications. The subject imports are normally classified in subheadings 7306.40.5005; 7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). They may also enter under HTSUS subheadings 7306.40.1010; 7306.40.1015; 7306.40.5042, 7306.40.5044, 7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided for convenience and customs purposes E:\FR\FM\17MRN1.SGM 17MRN1 11352 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices only, the written description of the scope of this order is dispositive. dwashington3 on PROD1PC60 with NOTICES Provisional Measures Section 733(d) of the Act states that suspension of liquidation instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four–month period to no more than six months. At the request of an exporter that accounted for a significant proportion of exports of circular welded austenitic stainless pressure pipe, we extended the four–month period to no more than six months. 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 (September 5, 2008) (‘‘Preliminary Determination’’). In this investigation, the six–month period beginning on the date of the publication of the Preliminary Determination (i.e., September 5, 2008) ended on March 3, 2009. Furthermore, section 737 of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act, we have instructed U.S. Customs and Border Protection (‘‘CBP’’) to terminate suspension of liquidation and to liquidate without regard to antidumping duties (i.e., release all bonds and refund all cash deposits), unliquidated entries of circular welded austenitic stainless pressure pipe from the PRC entered, or withdrawn from warehouse, for consumption after March 3, 2009, and before the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will continue on or after the date of publication of the ITC’s final injury determination in the Federal Register. Antidumping Duty Order On March 12, 2009, in accordance with section 735(d) of the Act , the ITC notified the Department of its final determination, pursuant to section 735(b)(1)(A)(i) of the Act, that an industry in the United States is materially injured by reason of less– than-fair–value imports of subject merchandise from the PRC. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, antidumping duties VerDate Nov<24>2008 13:44 Mar 16, 2009 Jkt 217001 equal to the amount by which the normal value of the merchandise exceeds the export price of the merchandise for all relevant entries of circular welded austenitic stainless pressure pipe from the PRC. Except for the entries noted above,1 these antidumping duties will be assessed on all unliquidated entries of circular welded austenitic stainless pressure pipe from the PRC entered, or withdrawn from the warehouse, for consumption on or after September 5, 2008, the date on which the Department published its preliminary determination. See Preliminary Determination. Effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted–average antidumping duty margins listed below. See section 735(c)(1) of the Act. The ‘‘PRC–wide’’ rate applies to all exporters of subject merchandise not specifically listed. The weighted–average dumping margins are as follows: DEPARTMENT OF COMMERCE National Institute of Standards and Technology Announcing a Meeting of the Information Security and Privacy Advisory Board AGENCY: National Institute of Standards and Technology, Commerce. ACTION: Meeting notice. SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. App., notice is hereby given that the Information Security and Privacy Advisory Board (ISPAB) will meet Wednesday, April 1, 2009 from 8:30 a.m. until 5 p.m., Thursday, April 2, 2009, from 8:30 a.m. until 5 p.m., and Friday, April 3, 2009 from 8 a.m. until 12:15 p.m. All sessions will be open to the public. The ISPAB was established by the Computer Security Act of 1987 (Pub. L. 100–235) and amended by the Federal Information Security Management Act of 2002 (Pub. L. 107– 347) to advise the Secretary of Commerce and the Director of NIST on security and privacy issues pertaining to federal computer systems. Details regarding the ISPAB’s activities are Weighted– available at https://csrc.nist.gov/groups/ Exporter & Producer Average SMA/ispab//. Margin DATES: The meeting will be held on April 1, 2009, from 8:30 a.m. until 5 Zhejiang Jiuli Hi–Tech Metals p.m., April 2, 2009, from 8:30 a.m. until Co., Ltd. Produced by: 5 p.m. and April 3, 2009, from 8 a.m. Zhejiang Jiuli Hi–Tech Metals Co., Ltd. .................................. 10.53% until 12:15 p.m. PRC–Wide Entity ........................ 55.21% ADDRESSES: The meeting will take place at West Parlor Dining Room, George Washington University, 1918 F Street, This notice constitutes the NW., Dining Room Conference, antidumping duty order with respect to Washington, DC on April 1, 2009, and circular welded austenitic stainless the George Washington University pressure pipe from the PRC pursuant to Cafritz Conference Center, 800 21st section 736(a) of the Act. Interested Street, NW., Room 307, Washington, DC parties may contact the Department’s Central Records Unit, Room 1117 of the on April 2 & 3, 2009. FOR FURTHER INFORMATION CONTACT: Ms. main Commerce building, for copies of Pauline Bowen, ISPAB Secretariat, an updated list of antidumping duty Information Technology Laboratory, orders currently in effect. National Institute of Standards and This order is published in accordance Technology, 100 Bureau Drive, Stop with section 736(a) of the Act and 19 8930, Gaithersburg, MD 20899–8930, CFR 351.211. telephone: (301) 975–2938. Dated: March 12, 2009. SUPPLEMENTARY INFORMATION: Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–5730 Filed 3–16–09; 8:45 am] BILLING CODE 3510–DS–S 1 Namely, entries of circular welded austenitic stainless pressure pipe from the PRC entered, or withdrawn from warehouse, for consumption after March 3, 2009, and before the date of publication of the ITC’s final injury determination in the Federal Register. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Agenda —DNS Sec Report. —Standard OMB Update. —FNS and Tools of CERT. —Open Government & Security. —ID Management Framework. —Supply Chain Risk Management. —Privacy Report. —NIST Update. —Follow-up Discussion On Cloud Computing. E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11351-11352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5730]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-930]


Antidumping Duty Order: Circular Welded Austenitic Stainless 
Pressure Pipe from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: March 17, 2009.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
circular welded austenitic stainless pressure pipe from the People's 
Republic of China (``PRC'').

FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Howard Smith, 
AD/CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
3518 and 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), on January 28, 2009, the Department 
published its final determination in the antidumping duty investigation 
of circular welded austenitic stainless pressure pipe from the PRC. See 
Circular Welded Austenitic Stainless Pressure Pipe from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 74 FR 4913 (January 28, 2009). On March 12, 2009, the ITC 
notified the Department of its affirmative final determination of 
material injury to a U.S. industry. See Welded Stainless Steel Pressure 
Pipe from China, Investigation Nos. 701-TA-454 and 731-TA-1144 (Final), 
USITC Publication, 4064 (March 2009).

Scope of the Order

    The merchandise covered by this order is circular welded austenitic 
stainless pressure pipe not greater than 14 inches in outside diameter. 
This merchandise includes, but is not limited to, the American Society 
for Testing and Materials (``ASTM'') A-312 or ASTM A-778 
specifications, or comparable domestic or foreign specifications. ASTM 
A-358 products are only included when they are produced to meet ASTM A-
312 or ASTM A-778 specifications, or comparable domestic or foreign 
specifications. Excluded from the scope are: (1) welded stainless 
mechanical tubing, meeting ASTM A-554 or comparable domestic or foreign 
specifications; (2) boiler, heat exchanger, superheater, refining 
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249, 
ASTM A-688 or comparable domestic or foreign specifications; and (3) 
specialized tubing, meeting ASTM A-269, ASTM A-270 or comparable 
domestic or foreign specifications.
    The subject imports are normally classified in subheadings 
7306.40.5005; 7306.40.5040, 7306.40.5062, 7306.40.5064, and 
7306.40.5085 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). They may also enter under HTSUS subheadings 7306.40.1010; 
7306.40.1015; 7306.40.5042, 7306.40.5044, 7306.40.5080, and 
7306.40.5090. The HTSUS subheadings are provided for convenience and 
customs purposes

[[Page 11352]]

only, the written description of the scope of this order is 
dispositive.

Provisional Measures

    Section 733(d) of the Act states that suspension of liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not remain in effect for more than four months except 
where exporters representing a significant proportion of exports of the 
subject merchandise request the Department to extend that four-month 
period to no more than six months. At the request of an exporter that 
accounted for a significant proportion of exports of circular welded 
austenitic stainless pressure pipe, we extended the four-month period 
to no more than six months. 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 (September 5, 2008) (``Preliminary 
Determination'').
    In this investigation, the six-month period beginning on the date 
of the publication of the Preliminary Determination (i.e., September 5, 
2008) ended on March 3, 2009. Furthermore, section 737 of the Act 
states that definitive duties are to begin on the date of publication 
of the ITC's final injury determination. Therefore, in accordance with 
section 733(d) of the Act, we have instructed U.S. Customs and Border 
Protection (``CBP'') to terminate suspension of liquidation and to 
liquidate without regard to antidumping duties (i.e., release all bonds 
and refund all cash deposits), unliquidated entries of circular welded 
austenitic stainless pressure pipe from the PRC entered, or withdrawn 
from warehouse, for consumption after March 3, 2009, and before the 
date of publication of the ITC's final injury determination in the 
Federal Register. Suspension of liquidation will continue on or after 
the date of publication of the ITC's final injury determination in the 
Federal Register.

Antidumping Duty Order

    On March 12, 2009, in accordance with section 735(d) of the Act , 
the ITC notified the Department of its final determination, pursuant to 
section 735(b)(1)(A)(i) of the Act, that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC. Therefore, in accordance with 
section 736(a)(1) of the Act, the Department will direct CBP to assess, 
upon further instruction by the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price of the merchandise for all relevant entries of circular 
welded austenitic stainless pressure pipe from the PRC. Except for the 
entries noted above,\1\ these antidumping duties will be assessed on 
all unliquidated entries of circular welded austenitic stainless 
pressure pipe from the PRC entered, or withdrawn from the warehouse, 
for consumption on or after September 5, 2008, the date on which the 
Department published its preliminary determination. See Preliminary 
Determination.
---------------------------------------------------------------------------

    \1\ Namely, entries of circular welded austenitic stainless 
pressure pipe from the PRC entered, or withdrawn from warehouse, for 
consumption after March 3, 2009, and before the date of publication 
of the ITC's final injury determination in the Federal Register.
---------------------------------------------------------------------------

    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on this merchandise, a cash 
deposit equal to the estimated weighted-average antidumping duty 
margins listed below. See section 735(c)(1) of the Act. The ``PRC-
wide'' rate applies to all exporters of subject merchandise not 
specifically listed. The weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                            Weighted-
                  Exporter & Producer                     Average Margin
------------------------------------------------------------------------
Zhejiang Jiuli Hi-Tech Metals Co., Ltd. Produced by:     10.53[percnt]
 Zhejiang Jiuli Hi-Tech Metals Co., Ltd................
PRC-Wide Entity........................................  55.21[percnt]
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
circular welded austenitic stainless pressure pipe from the PRC 
pursuant to section 736(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 antidumping duty orders 
currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: March 12, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-5730 Filed 3-16-09; 8:45 am]
BILLING CODE 3510-DS-S
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