Certain Oil Country Tubular Goods From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 3203-3205 [2010-1056]
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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Notices
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
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APO is a sanctionable violation.
This administrative review and this
notice are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: January 6, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
Issues in Decision Memorandum
Comment 1: Application of the PRC-wide
rate to Foshan Shunde.
Comment 2: Application of Total Adverse
Facts Available to Foshan Shunde.
Comment 3: Whether Substantial
Deficiencies exist in Foshan Shunde’s
Responses.
Comment 4: Whether the Department
Should Calculate a Separate Rare for Foshan
Shunde.
[FR Doc. 2010–1079 Filed 1–19–10; 8:45 am]
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[FR Doc. 2010–980 Filed 1–19–10; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–944]
Certain Oil Country Tubular Goods
From the People’s Republic of China:
Amended Final Affirmative
Countervailing Duty Determination and
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 oil
country tubular goods (‘‘OCTG’’) from
the People’s Republic of China (‘‘PRC’’).
Also, as explained in this notice, the
Department is amending its final
determination to correct certain
ministerial errors.
DATES: Effective Date: January 20, 2010.
FOR FURTHER INFORMATION CONTACT:
David Neubacher or Shane Subler, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–5823 and (202)
482–0189, respectively.
Background
The Department published its final
determination on December 7, 2009. See
Certain Oil Country Tubular Goods
From the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination, Final Negative Critical
Circumstances Determination, 74 FR
64045 (December 7, 2009) (‘‘Final
Determination’’).
On January 13, 2010, the ITC notified
the Department of its final
determination pursuant to sections
705(b)(1)(A)(ii) and 705(d) of the Tariff
Act of 1930, as amended (‘‘the Act’’), that
an industry in the United States is
threatened with material injury by
reason of subsidized imports of subject
merchandise from the PRC. See Certain
Oil Country Tubular Goods from China,
USITC Investigation No. 701–TA–463
(Final), USITC Publication 4124
(January 2010). Pursuant to section
706(a) of the Act, the Department is
publishing a countervailing duty order
on the subject merchandise.
Scope of the Order
The scope of this order consists of
certain oil country tubular goods
(‘‘OCTG’’), which are hollow steel
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3204
Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Notices
products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (‘‘API’’) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
order also covers OCTG coupling stock.
Excluded from the scope of the order
are: casing or tubing containing 10.5
percent or more by weight of chromium;
drill pipe; unattached couplings; and
unattached thread protectors.
The merchandise subject to this order
is currently classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under item
numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The OCTG coupling stock covered by
the order may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36,
7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80,
7304.59.60.00,, 7304.59.80.15,
7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35,
7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80.
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The HTSUS subheadings are provided
for convenience and customs purposes
only. The written description of the
scope of this order is dispositive.
Amendment to the Final Determination
On December 14, 2009, petitioners
United States Steel Corporation (‘‘U.S.
Steel’’) and TMK IPSCO et al.1
(collectively, ‘‘Petitioners’’) 2 filed timely
allegations that the Department made
three ministerial errors in its Final
Determination. No interested party filed
a rebuttal to Petitioners’ allegations.
After analyzing the allegations, we
have determined, in accordance with 19
CFR 351.224(e), that we made these
three ministerial errors in the
calculations.3 We have also corrected an
additional ministerial error.
In summary, U.S. Steel alleged that
the Department made errors in the
calculation of the electricity subsidy
rate for Wuxi Seamless Oil Pipe Co.,
Ltd. (‘‘WSP’’) and applied incorrect
benchmark interest and inflation rates to
certain WSP loans in the policy lending
program calculation. TMK IPSCO et al.
alleged that the Department omitted the
electricity subsidy rate from Jiangsu
Changbao Steel Tube Co., Ltd.’s
(‘‘Changbao’’) overall subsidy rate. We
agree with Petitioners that these errors
constitute ministerial errors. Also, we
identified a ministerial error in the
benefit calculation for the policy
lending program for Tianjin Pipe
(Group) Co. (‘‘TPCO’’). We are correcting
these errors with this notice. See
Ministerial Error Allegations Memo at
pages 2–3.
As a result of these corrections, WSP’s
countervailing duty rate changed from
14.61 percent to 14.95 percent,
Changbao’s rate changed from 11.98
percent to 12.46 percent, and TPCO’s
rate changed from 10.36 percent to
10.49 percent. The countervailing duty
rate for Zhejiang Jianli Enterprise Co.,
Ltd. is unchanged. The countervailing
duty rate for all others changed from
13.20 percent to 13.41 percent. In
accordance with 19 CFR 351.224(e), we
are amending the Final Determination to
reflect these changes.
1 TMK IPSCO, V&M Star L.P., Wheatland Tube
Corp., Evraz Rocky Mountain Steel, and The United
Steelworkers.
2 Maverick Tube Corporation is also a petitioner
in this investigation, but the company did not file
any ministerial error allegations.
3 See generally Memorandum to Susan Kuhbach,
Director, Office 1, AD/CVD Operations, from Nancy
Decker, Program Manager, Office 1, ‘‘Countervailing
Duty Investigation: Certain Oil Country Tubular
Goods from the People’s Republic of China:
Ministerial Errors for Final Determination’’
(December 28, 2009) (‘‘Ministerial Error Allegations
Memo’’).
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Countervailing Duty Order
In accordance with section 706(a)(1)
of the Act, the Department will direct
U.S. Customs and Border Protection
(‘‘CBP’’) to assess, upon further
instruction by the Department,
countervailing duties equal to the
amount of the net countervailable
subsidy for all relevant entries of OCTG
from the PRC.
According to section 706(b)(2) of the
Act, duties shall be assessed on subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the ITC’s
notice of final determination if that
determination is based upon the threat
of material injury. Section 706(b)(1) of
the Act states, ‘‘If the Commission, in its
final determination under section
705(b), finds material injury or threat of
material injury which, but for the
suspension of liquidation under section
703(d)(2), would have led to a finding
of material injury, then entries of the
merchandise subject to the
countervailing duty order, the
liquidation of which has been
suspended under section 703(d)(2),
shall be subject to the imposition of
countervailing duties under section
701(a).’’ In addition, section 706(b)(2) of
the Act requires CBP to refund any cash
deposits or bonds of estimated
countervailing duties posted since the
Department’s preliminary
countervailing duty determination, if
the ITC’s final determination is threatbased. Because the ITC’s final
determination in this case is based on
the threat of material injury and is not
accompanied by a finding that injury
would have resulted but for the
imposition of suspension of liquidation
of entries since the Department’s
Preliminary Determination 4 was
published in the Federal Register,
section 706(b)(2) of the Act is
applicable.
Therefore, the Department will direct
CBP to reinstitute suspension of
liquidation,5 and to assess, upon further
4 See Certain Oil Country Tubular Goods From
the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination,
Preliminary Negative Critical Circumstances
Determination, 74 FR 47210 (September 15, 2009)
(‘‘Preliminary Determination’’).
5 The Department instructed CBP to discontinue
the suspension of liquidation on January 13, 2010,
in accordance with section 703(a) of the Act.
Section 703(d) states that the suspension of
liquidation pursuant to a preliminary determination
may not remain in effect for more than four months.
Entries of OCTG from the PRC made on or after
January 13, 2010, and prior to the date of
publication of the ITC’s final determination in the
Federal Register are not liable for the assessment
of countervailing duties because of the
Department’s discontinuation, effective January 13,
2010, of the suspension of liquidation.
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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Notices
instruction from the Department,
countervailing duties on all
unliquidated entries of OCTG from the
PRC entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the ITC’s
notice of final determination of threat of
material injury in the Federal Register.
Cash Deposit Requirements
Effective on the date of publication of
the ITC’s notice of final determination
in the Federal Register, CBP will
require, at the same time as importers
would normally deposit estimated
duties, cash deposits for the subject
merchandise equal to the net subsidy
rates listed below. See section 706(a)(3)
of the Act. The all-others rate applies to
all producers and exporters of subject
merchandise not specifically listed.
Net subsidy rate
(percent)
Exporter/manufacturer
Jiangsu Changbao Steel Tube Co. and Jiangsu Changbao Precision Steel Tube Co., Ltd. .....................................................
Tianjin Pipe (Group) Co., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin
Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd. ........................................
Wuxi Seamless Pipe Co, Ltd., Jiangsu Fanli Steel Pipe Co, Ltd., Tuoketuo County Mengfeng Special Steel Co., Ltd. ..........
Zhejiang Jianli Enterprise Co., Ltd., Zhejiang Jianli Steel Steel Tube Co., Ltd., Zhuji Jiansheng Machinery Co., Ltd., and
Zhejiang Jianli Industry Group Co., Ltd. ..................................................................................................................................
All Others .....................................................................................................................................................................................
Termination of the Suspension of
Liquidation
The Department will also instruct
CBP to terminate the suspension of
liquidation for entries of OCTG from the
PRC entered, or withdrawn from
warehouse, for consumption prior to the
publication of the ITC’s notice of final
determination. The Department will
also instruct CBP to refund any cash
deposits made and release any bonds
posted between September 15, 2009
(i.e., the date of publication of the
Department’s Preliminary
Determination) and the date of
publication of the ITC’s final
determination in the Federal Register.
This notice constitutes the
countervailing duty order with respect
to OCTG 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 706(a) of the
Act and 19 CFR 351.211(b).
Dated: January 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–1056 Filed 1–19–10; 8:45 am]
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National Oceanic and Atmospheric
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RIN 0648–XT88
Pacific Fishery Management Council;
Public Meeting
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
VerDate Nov<24>2008
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
SUMMARY: The Pacific Fishery
Management Council (Pacific Council)
will hold a joint meeting of
subcommittees from a number of its
advisory bodies, as follows:
Enforcement Consultants, Groundfish
Advisory Subpanel, Groundfish
Management Team, and the Ad Hoc
Trawl Individual Quota Committee. The
meeting is open to the public.
DATES: The joint subcommittee meeting
will be held Thursday, February 4,
2010, from 8 a.m. until business for the
day is completed and Friday, February
5, 2010 from 8 a.m. until no later than
3 p.m.
ADDRESSES: The joint subcommittee
meeting will be held at the Watertown
Hotel, 4242 Roosevelt Way NE, Seattle
WA 98105; telephone: (206) 826–4242.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT: Mr.
Jim Seger, Staff Officer; telephone: (503)
820–2280.
SUPPLEMENTARY INFORMATION: The
purpose of the joint subcommittee
meeting is to orient members
representing the various advisory
panels, and Pacific Council members
who will be in attendance, on the
organization and content of a
preliminary draft of the Amendment 20
(Trawl Rationalization) regulations. This
orientation will facilitate Pacific
Council review of the draft regulations
at the March 2010 Pacific Council
meeting. Participants may also provide
drafters of the regulations with some
initial reactions which the drafters may
take into account as they complete the
draft package for Pacific Council review.
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12.46
10.49
14.95
15.78
13.41
Although non-emergency issues not
contained in the meeting agenda may
come before the joint subcommittee for
discussion, those issues may not be the
subject of formal joint subcommittee
action during this meeting. Joint
subcommittee action will be restricted
to those issues specifically listed in this
notice and any issues arising after
publication of this notice that require
emergency action under Section 305(a)
of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the joint subcommittee’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Ms.
Carolyn Porter at (503) 820–2280 at least
5 days prior to the meeting date.
Dated: January 14, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–953 Filed 1–19–10; 8:45 am]
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RIN 0648–XT89
Pacific Fishery Management Council;
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AGENCY: National Marine Fisheries
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ACTION: Notice of a public meeting.
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[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Notices]
[Pages 3203-3205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1056]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-944]
Certain Oil Country Tubular Goods From the People's Republic of
China: Amended Final Affirmative Countervailing Duty Determination and
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 oil country tubular goods (``OCTG'') from the People's Republic
of China (``PRC''). Also, as explained in this notice, the Department
is amending its final determination to correct certain ministerial
errors.
DATES: Effective Date: January 20, 2010.
FOR FURTHER INFORMATION CONTACT: David Neubacher or Shane Subler, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5823 and (202) 482-0189, respectively.
Background
The Department published its final determination on December 7,
2009. See Certain Oil Country Tubular Goods From the People's Republic
of China: Final Affirmative Countervailing Duty Determination, Final
Negative Critical Circumstances Determination, 74 FR 64045 (December 7,
2009) (``Final Determination'').
On January 13, 2010, the ITC notified the Department of its final
determination pursuant to sections 705(b)(1)(A)(ii) and 705(d) of the
Tariff Act of 1930, as amended (``the Act''), that an industry in the
United States is threatened with material injury by reason of
subsidized imports of subject merchandise from the PRC. See Certain Oil
Country Tubular Goods from China, USITC Investigation No. 701-TA-463
(Final), USITC Publication 4124 (January 2010). Pursuant to section
706(a) of the Act, the Department is publishing a countervailing duty
order on the subject merchandise.
Scope of the Order
The scope of this order consists of certain oil country tubular
goods (``OCTG''), which are hollow steel
[[Page 3204]]
products of circular cross-section, including oil well casing and
tubing, of iron (other than cast iron) or steel (both carbon and
alloy), whether seamless or welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or threaded and coupled) whether or
not conforming to American Petroleum Institute (``API'') or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service OCTG
products), whether or not thread protectors are attached. The scope of
the order also covers OCTG coupling stock. Excluded from the scope of
the order are: casing or tubing containing 10.5 percent or more by
weight of chromium; drill pipe; unattached couplings; and unattached
thread protectors.
The merchandise subject to this order is currently classified in
the Harmonized Tariff Schedule of the United States (``HTSUS'') under
item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80,
7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40,
7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50,
7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20,
7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45,
7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The OCTG coupling stock covered by the order may also enter under
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00,, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80.
The HTSUS subheadings are provided for convenience and customs
purposes only. The written description of the scope of this order is
dispositive.
Amendment to the Final Determination
On December 14, 2009, petitioners United States Steel Corporation
(``U.S. Steel'') and TMK IPSCO et al.\1\ (collectively,
``Petitioners'') \2\ filed timely allegations that the Department made
three ministerial errors in its Final Determination. No interested
party filed a rebuttal to Petitioners' allegations.
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\1\ TMK IPSCO, V&M Star L.P., Wheatland Tube Corp., Evraz Rocky
Mountain Steel, and The United Steelworkers.
\2\ Maverick Tube Corporation is also a petitioner in this
investigation, but the company did not file any ministerial error
allegations.
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After analyzing the allegations, we have determined, in accordance
with 19 CFR 351.224(e), that we made these three ministerial errors in
the calculations.\3\ We have also corrected an additional ministerial
error.
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\3\ See generally Memorandum to Susan Kuhbach, Director, Office
1, AD/CVD Operations, from Nancy Decker, Program Manager, Office 1,
``Countervailing Duty Investigation: Certain Oil Country Tubular
Goods from the People's Republic of China: Ministerial Errors for
Final Determination'' (December 28, 2009) (``Ministerial Error
Allegations Memo'').
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In summary, U.S. Steel alleged that the Department made errors in
the calculation of the electricity subsidy rate for Wuxi Seamless Oil
Pipe Co., Ltd. (``WSP'') and applied incorrect benchmark interest and
inflation rates to certain WSP loans in the policy lending program
calculation. TMK IPSCO et al. alleged that the Department omitted the
electricity subsidy rate from Jiangsu Changbao Steel Tube Co., Ltd.'s
(``Changbao'') overall subsidy rate. We agree with Petitioners that
these errors constitute ministerial errors. Also, we identified a
ministerial error in the benefit calculation for the policy lending
program for Tianjin Pipe (Group) Co. (``TPCO''). We are correcting
these errors with this notice. See Ministerial Error Allegations Memo
at pages 2-3.
As a result of these corrections, WSP's countervailing duty rate
changed from 14.61 percent to 14.95 percent, Changbao's rate changed
from 11.98 percent to 12.46 percent, and TPCO's rate changed from 10.36
percent to 10.49 percent. The countervailing duty rate for Zhejiang
Jianli Enterprise Co., Ltd. is unchanged. The countervailing duty rate
for all others changed from 13.20 percent to 13.41 percent. In
accordance with 19 CFR 351.224(e), we are amending the Final
Determination to reflect these changes.
Countervailing Duty Order
In accordance with section 706(a)(1) of the Act, the Department
will direct U.S. Customs and Border Protection (``CBP'') to assess,
upon further instruction by the Department, countervailing duties equal
to the amount of the net countervailable subsidy for all relevant
entries of OCTG from the PRC.
According to section 706(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based upon the threat of
material injury. Section 706(b)(1) of the Act states, ``If the
Commission, in its final determination under section 705(b), finds
material injury or threat of material injury which, but for the
suspension of liquidation under section 703(d)(2), would have led to a
finding of material injury, then entries of the merchandise subject to
the countervailing duty order, the liquidation of which has been
suspended under section 703(d)(2), shall be subject to the imposition
of countervailing duties under section 701(a).'' In addition, section
706(b)(2) of the Act requires CBP to refund any cash deposits or bonds
of estimated countervailing duties posted since the Department's
preliminary countervailing duty determination, if the ITC's final
determination is threat-based. Because the ITC's final determination in
this case is based on the threat of material injury and is not
accompanied by a finding that injury would have resulted but for the
imposition of suspension of liquidation of entries since the
Department's Preliminary Determination \4\ was published in the Federal
Register, section 706(b)(2) of the Act is applicable.
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\4\ See Certain Oil Country Tubular Goods From the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Negative Critical Circumstances
Determination, 74 FR 47210 (September 15, 2009) (``Preliminary
Determination'').
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Therefore, the Department will direct CBP to reinstitute suspension
of liquidation,\5\ and to assess, upon further
[[Page 3205]]
instruction from the Department, countervailing duties on all
unliquidated entries of OCTG from the PRC entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
ITC's notice of final determination of threat of material injury in the
Federal Register.
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\5\ The Department instructed CBP to discontinue the suspension
of liquidation on January 13, 2010, in accordance with section
703(a) of the Act. Section 703(d) states that the suspension of
liquidation pursuant to a preliminary determination may not remain
in effect for more than four months. Entries of OCTG from the PRC
made on or after January 13, 2010, and prior to the date of
publication of the ITC's final determination in the Federal Register
are not liable for the assessment of countervailing duties because
of the Department's discontinuation, effective January 13, 2010, of
the suspension of liquidation.
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Cash Deposit Requirements
Effective on the date of publication of the ITC's notice of final
determination in the Federal Register, CBP will require, at the same
time as importers would normally deposit estimated duties, cash
deposits for the subject merchandise equal to the net subsidy rates
listed below. See section 706(a)(3) of the Act. The all-others rate
applies to all producers and exporters of subject merchandise not
specifically listed.
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Net subsidy rate
Exporter/manufacturer (percent)
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Jiangsu Changbao Steel Tube Co. and Jiangsu Changbao 12.46
Precision Steel Tube Co., Ltd......................
Tianjin Pipe (Group) Co., Tianjin Pipe Iron 10.49
Manufacturing Co., Ltd., Tianguan Yuantong Pipe
Product Co., Ltd., Tianjin Pipe International
Economic and Trading Co., Ltd., and TPCO Charging
Development Co., Ltd...............................
Wuxi Seamless Pipe Co, Ltd., Jiangsu Fanli Steel 14.95
Pipe Co, Ltd., Tuoketuo County Mengfeng Special
Steel Co., Ltd.....................................
Zhejiang Jianli Enterprise Co., Ltd., Zhejiang 15.78
Jianli Steel Steel Tube Co., Ltd., Zhuji Jiansheng
Machinery Co., Ltd., and Zhejiang Jianli Industry
Group Co., Ltd.....................................
All Others.......................................... 13.41
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Termination of the Suspension of Liquidation
The Department will also instruct CBP to terminate the suspension
of liquidation for entries of OCTG from the PRC entered, or withdrawn
from warehouse, for consumption prior to the publication of the ITC's
notice of final determination. The Department will also instruct CBP to
refund any cash deposits made and release any bonds posted between
September 15, 2009 (i.e., the date of publication of the Department's
Preliminary Determination) and the date of publication of the ITC's
final determination in the Federal Register.
This notice constitutes the countervailing duty order with respect
to OCTG 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
706(a) of the Act and 19 CFR 351.211(b).
Dated: January 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-1056 Filed 1-19-10; 8:45 am]
BILLING CODE 3510-DS-P